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Ordinances and Resolutions 



OF THE 



Mayor and City Council 



OF Baltimore 



Passed at the Annual Session 1998-1999 




Published by 
Baltimore City Department of Legislattve Reference 

Avery Aisenstark, Director 
Nancy Boyd Ray, Legislative Editor 



Volume 2 



Mayor and City Councel of Baltimore 
Department of Legislative Reference 



Copyright © 2001 

The Mayor and City Council of Baltimore 
Department of Legislative Reference 



Explanation of symbology 

Capitals indicate matter added to existing law. 
[Brackets] indicate matter deleted from existing law. 
Underlining indicates matter added to the bill by amendment. 
Strik e out indicates matter stricken from the bill 

by amendment or deleted from existing law by amendment. 
Underlined italics indicate matter added to the bill by 

amendment after printing for third reading. 



1 998- 1 999 Session Ord. 99-547 



City of Baltimore 
Ordinance 99-547 
Council Bill 98-830 

An Ordinance Concerning 

Revised Code — Zoning 

For the purpose of adding a new article to the Baltimore City Code, to be 
known as the "Zoning Article" "Zoning" ; revising, restating, and 
recodifying the laws of the City relating to the Office of the Zoning 
Administrator, the Board of Municipal and Zoning Appeals, aed the 
Planning Commissions Commission, and the Department of Planning , 
including their respective personnel, powers, and duties, and the 
administrative and judicial proceedings before and concerning them, 
the establishment of zoning districts, including Residence, Office- 
Residence, Business, Industrial, and Overlay Districts, and of maps and 
profiles for these districts, the requirements for and procedures to 
obtain zoning authorizations, use permits, transfer certificates, and 
other permits, the establishment and enforcement of use regulations for 
various districts, including permitted uses, condition conditional uses, 
additional industrial uses, accessory uses, and prohibited uses, the 
establishment and enforcement of bulk regulations for various districts, 
including heights, lot coverages, lot areas, yard sizes, and floor area 
ratios, the establishment and enforcement of other regulations for 
various districts, including number, frontage, and width of structures, 
conversions, performance standards, off-street parking requirements, 
and sign use and regulation, the establishment and regulation of 
planned unit developments, the continuation of certain nonconforming 
uses and structures and of certain noncomplying structures subject to 
certain conditions, the procedures for obtaining conditional uses 
(special exceptions), variances, and other modifications or approvals, 
and the procedures governing legislative authorizations and 
amendments; defining certain terms; establishing certain rules of 
construction, measurement, and computation; prohibiting certain 
conduct; providing for enforcement procedures; providing for civil and 
criminal penalties; repealing certain obsolete, superseded, duplicative, 
or other unnecessary provisions; conforming cross-references in other 
articles; correcting, conforming, and clarifying related language; 
providing for the construction and application of this Ordinance; 
providing for the continuity of the terms of certain officials and for the 



733 



Ord. 99-547 1 998- 1 999 Session 



status of certain transactions, rights, titles, interests, licenses, 
registrations, certifications, and permits; and generally relating to the 
zoning laws and procedures of the City of Baltimore. 

Bv repealing 

Article 30 - Zoning 

In its entirety 

Baltimore City Code 

(1983 Replacement Volume and Supplements) 

By adding 

New Revised Article - Zoning 
Baltimore City Revised Code 

By repealing and reordaining, with amendments 

Article 1 - Mayor, City Council, and Municipal Agencies 
Sections 3(a), 40(j) and (1), and 308(e)(5) and (6) 
Baltimore City Code 
(1983 Replacement Volume and Supplements) 

By repealing and reordaining, with amendments 

Article 7 - Floodplain Management 

Section 4(a) 

Baltimore City Code 

( 1 983 Replacement Volume and Supplements) 

By repealing and reordaining, with amendments 

Article 1 3 - Housmg and Urban Renewal 
Sections 19, aft4 25(d) . and 59(a) 
Baltimore City Code 
(1983 Replacement Volume and Supplements) 

By adding 

Article 15 - Licenses 

Sections 92A-1 through 92 A- 10, inclusive, to be under 

the new subtitle "Amusement Device Location Permits" 
Baltimore City Code 
(1983 Replacement Volume and Supplements) 



734 



1 998- 1 999 Session Ord. 99-547 



By adding 

Article 15 — Licens e s 

Sections 150 through 173, inclusive, to be under 

the new subtitle "Adult e ntertainm e nt Busin e sses" 
Baltimore City Code 
(1983 Replacement Volume and Supplem e nts) 

By repealing and reordaining, with amendments 
Article 1 9 - Police Ordinances 
Sections 89 and 234(a) 
Baltimore City Code 
(1983 Replacement Volume and Supplements) 

By repealing and reordaining, with amendments 
Article 32 - Building Code 
Section 112.6.1] and 202.2.38 
Baltimore City Code 
(1997 Building Code Edition) 

Section 1. Be it ordained by the Mayor and City Council of 
Baltimore, That the following provisions of the City Code are repealed: 

Article 30 - Zoning 
In its entirety 

Section 2. And be it further ordained, That a new Revised 
Article — Zoning read as follows: 

Baltimore City Revised Code 

Article — Zoning 

Title 1 
Definitions; General Provisions 

Subtitle 1. Definitions 
§ 1-101. In general. 

In this article, the following terms have the meanings indicated. 



735 



Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, §13.0-2. 

§ 1-102. Accessory use or structure. 

"Accessory use" or "accessory structure" means a use or 
structure, respectively, that: 

( 1 ) serves and customarily is incidental and subordinate to 

THE principal USE OR STRUCTURE; 

(2) IS SUBORDINATE IN AREA, EXTENT, OR PURPOSE TO THE PRINCIPAL 
USE OR STRUCTURE; 

(3) CONTRIBUTES TO THE COMFORT, CONVENIENCE, OR NECESSITY OF 
OCCUPANTS, BUSINESS, OR INDUSTRY IN THE PRINCIPAL USE OR 
STRUCTURE SERVED; AND 

(4) EXCEPT IN A PLANNED UNIT DEVELOPMENT, IS LOCATED ON THE 
SAME LOT AS THE PRINCIPAL USE OR STRUCTURE SERVED. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, § 1 3.0-2- 1 . 

Defined terms: 

Lot §1-154 Structure §1-193 

Principal use or Use §1-196 

structure § 1 - 1 77 



§1-103. adjacent. 

"Adjacent" means lying near or close to, in the neighborhood or 
vicinity of. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-2. 



736 



1 998- 1 999 Session Ord. 99-547 



§ 1-104. Adjoining. 

"Adjoining" means touching or contiguous , as distinguished from 
adjacent. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-3. 

In the first clause, "or contiguous" is deleted as redundant 
and potentially misleading. In the last clause, the defined 
term "adjacent" is substituted for "lying near" for 
consistency and clarity. 

Defined terms: 

Adjacent §1-103 



1-105. Adult. 

"Adult" means an individual who is 1 8 years old or older. 

Revisor's Note 

This section is new language patterned after the standard 
definition of "adult" in State Code Article 1, §24(b)(l). 

1-106. Adult-entertainment business. 

(A) Supplemental terms defined. 

(1) In general. 

In this section, the following terms have the meanings 
indicated. 

(2) Adult ENTERTAINMENT. 

"Adult entertainment" means entertainment: 

(I) in which individuals appear for public view in a state 
OF nudity or partial nudity; 

(n) THAT IS INTENDED TO PROVIDE SEXUAL STIMULATION OR 
SEXUAL GRATIFICATION; 



737 



Ord. 99-547 1998-1999 SESSION 



(ra) THAT IS DISTINGUISHED OR CHARACTERIZED BY AN 

EMPHASIS ON MATERIAL THAT DEPICTS, DESCRIBES, OR 
RELATES TO: 

1 . HUMAN GENITALS IN A DISCERNIBLE STATE OF 
SEXUAL STIMULATION OR AROUSAL; OR 

2. ACTS OF HUMAN MASTURBATION, SEXUAL 
INTERCOURSE, SODOMY, OR PHYSICAL CONTACT 
WITH AN INDIVIDUAL' S CLOTHED OR UNCLOTHED 
GENITALS, PUBIC AREA, BUTTOCKS, OR, IF THE 
INDIVIDUAL IS FEMALE, BREAST; OR 

(IV) THAT, APPLYING CONTEMPORARY STANDARDS, THE 

AVERAGE INDIVIDUAL WOULD FIND, TAKEN AS A WHOLE, 
APPEALS TO THE PRURIENT INTEREST. 



(3) Nudity. 

"Nudity" means: 

(I) THE SHOWING OF THE HUMAN MALE OR FEMALE GENITALS, 
PUBIC AREA, OR BUTTOCKS WITH LESS THAN A FULLY 
OPAQUE COVERING; 

(n) THE SHOWING OF THE FEMALE BREAST WITH LESS THAN A 
FULLY OPAQUE COVERING OVER ANY PART BELOW THE TOP 
OF THE NIPPLE; OR 

(ra) THE DEPICTION OF COVERED MALE GENITALS IN A 
DISCERNIBLY TURGID STATE. 

(4) Partial NUDFTY. 

"Partial nudity" means a state of dress in which opaque 
clothing covers no more than: 

(i) the human male or female genitals, pubic area, or 
buttocks; 

(ii) the female breasts below the top of the nipples; and 

(iii) portions of the body covered by supporting straps 
or devices. 



738 



1 998- 1 999 Session Ord. 99-547 



(B) "Adult-entertainment BUSINESS" defined. 

"Adult-entertainment business" means any cabaret, lounge, 

NIGHT club, modeling STUDIO, OR OTHER ESTABLISHMENT WHOSE 
MAJOR BUSINESS IS OFFERING ITS CUSTOMERS ADULT ENTERTAINMENT. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-3A-l and 3A-2. 

In subsection (a)(2)(iii), reference is added to "buttocks" to 
conform to the references in subsection (a)(3)(i) and (4)(i) of 
this section, as well as the counterpart reference in 
§l-120(a)(5) of this subtitle. 

Defined terms: 

Adult §1-105 



1-107. After-hours establishment. 

(a) In general. 

"After-hours establishment" means any banquet hall, dance 
hall, meeting hall, private club or lodge, or similar place that 
remains open after 2 a.m. on any day. 

(B) Restaurants with live entertainment, etc.. 

"After-hours establishment" includes a restaurant that 
provides live entertainment or dancing and remains open after 
2 a.m. on any day. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-3b. 

Defined terms: 

Club or lodge: Includes; 

private §1-127 including §1-152 



739 



Ord. 99-547 1 998- 1 999 Session 

§ 1-108. Alley. 

"Alley" means a way, other than a street, that: 

( 1 ) is open to common use; and 

(2) affords a secondary means of vehicular access to adjoining 
or adjacent property. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-4. 

The former reference to a "highway" is deleted as 
unnecessary given the broad definition of "street". 

Defined terms: 

Adjacent §1-103 Street §1-190 

Adjoining §1-104 



§ 1-109. Amusement ARCADE. 

"Amusement arcade" means a building in which 6 or more amusement 
devices are maintained. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-4a. 

The modifying term "coin-operated" is deleted. See 
Revisor' s Note to § 1 - 1 1 of this subtitle. 

Also, the former reference to "part of a building" is deleted 
as unnecessary in light of the definition of "building" to the 
same effect. 

Defined terms: 

Amusemen t device § 1 - 1 1 Building § 1 - 1 2 1 



740 



1 998- 1 999 Session Ord. 99-547 



1-110. Amusement DEVICE. 

(A) In general 

"Amusement device" means, except as specified in subsection (c) 
OF this section, any electronic or mechanical device that is 
designed to provide amusement and for which a fee is charged 
to operate or use. 

(B) Illustrations. 

"Amusement device" includes any video game, electronic game, 
claw machine, bowling machine, pinball machine, shuffleboard 
machine, pool table, console machine, target machine, baseball 
machine, or similar device. 

(c) Exclusions. 

"Amusement device" does not include any: 

(1) PEEP SHOW DEVICE; 

(2) MUSIC BOX; OR 

(3) bona FIDE VENDING MACHINE IN WHICH AMUSEMENT FEATURES 

are not incorporated or made a part. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13. 0-2- 15a. 

In subsection (a) of this section, the former, limiting phrase 
"operated ... by coins or tokens" is deleted in light of 
changed technology, by which bills or other methods of 
payment are used to operate these devices. 

Defined terms: 

Includes; Peep show device § 1 - 1 7 1 

including §1-152 

1-111. Apartment HOTEL. 

"Apartment hotel" means a building: 



741 



Ord. 99-547 1 998- 1 999 Session 



( 1 ) THAT CONTAINS 1 OR MORE DWELLING UNFTS; AND 

(2) IN WHICH MORE THAN 60% OF THE ACCOMMODATIONS ARE RENTED 
AND OCCUPIED OR INTENDED TO BE RENTED OR OCCUPIED ON A 
MONTHLY OR LONGER BASIS. 

Revisor's Note 

This section is new language derived without substantive 
change from Axticle 30, §13.0-2-5. 

The former reference to "permanent occupancy" is deleted 
as misleadingly inconsistent with the concept of a "monthly" 
rental. 

Defined terms: 

Building §1-121 Dwelling unit §1-137 



§ 1-112. Artisans' and craft work. 

"artisans' and craft work" means work produced by painters, 
sculptors, potters, carvers, and others engaged in the creation of 
handcrafts and art objects. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1" sentence of Article 30, §13.0-2-5b. 

The 2"^ sentence, which is more substantive than definitional 
(and, in any event, applicable to but one district), is 
incorporated in §6-308(4) of this article. 

§1-113. AUTOMATIC TELLER MACHINE. 

"AUTOMATIC TELLER MACHINE" MEANS ANY MANNED OR UNMANNED 
ELECTRONIC MACHINE (AND THE STRUCTURE HOUSING IT) THAT ENABLES A 
CUSTOMER TO: 

( 1 ) WITHDRAW MONEY FROM AN ACCOUNT OR UNDER AN AUTHORIZED 
LINE OF CREDIT WITH A FINANCIAL INSTITUTION; 

(2) TRANSFER MONEY FROM ONE ACCOUNT WITH A FINANCIAL 
INSTITUTION TO ANY OTHER ACCOUNT WITH THE FINANCIAL 
INSTITUTION; OR 



742 



1 998- 1 999 Session Ord. 99-547 

(3) deposit money into an account with a financial institution. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-5c. 

The defined term is changed from "automatic banking 
terminal" to the term by which these devices are now almost 
universally known, "automatic teller machine". 

Also, the technically limited reference to a "bank" is 
corrected to refer more generally to a "financial institution". 

Defined terms: 

Structure §1-193 



§ 1-114. Automobile. 

"Automobile" means a passenger car, station wagon, or 
multipurpose passenger vehicle, as these terms are defined or used 
IN THE Maryland Vehicle Law, Title 1 1 et seq. of the State 
Transportation Article. 

Revisor's Note 

This section is new language added to distinguish between 
broad references in this article to "motor vehicles" (defined 
in §1-162 of this subtitle) and the occasional, more limited 
references to "automobiles". 

"Multipurpose passenger vehicle" and "passenger car", 
defined in §§11-136.1 and 11-144.1 of the Maryland 
Vehicle Law, are classified in §§13-912 and 13-937 of that 
law as Class A and Class M Vehicles, respectively. "Station 
wagon", while not specifically defined, is classified in §13- 
912 as a Class A Vehicle. 

§ 1-115. Bed and breakfast establishment. 

"Bed and breakfast establishment" means an establishment: 

( 1 ) that is used both for a private residence and to provide 

LODGING; 

(2) IN WHICH NO MORE THAN 1 GUEST ROOMS ARE AVALABLE TO 
TRANSIENT VISITORS; AND 

743 



Ord. 99-547 1 998- 1 999 Session 



(3) IN WHICH BREAKFAST IS THE ONLY MEAL SERVED AND IS INCLUDED IN 
THE CHARGE FOR THE ROOM. 

Revisor's Note 

This section is new language derived without substantive 
change from the P' through 3"^ sentences of Article 30, 
§13.0-2-6a. 

The last sentence of §13.0-2-6a, which is more substantive 
than definitional, is transferred to §4- 11 03(2) of this article. 

Defined terms: 

Use §1-196 



§1-116. Bed AND BREAKFAST HOME. 

"Bed and breakfast home" means a single-family dwelling: 

(1) that is owner-occupied; 

(2 ) that is used primarily as a home, but also to provide 

LODGING; 

(3) IN WHICH NO MORE THAN 3 GUEST ROOMS ARE AVAILABLE TO 

TRANSIENT VISITORS; AND 

(4) IN WHICH BREAKFAST IS THE ONLY MEAL SERVED AND IS INCLUDED IN 

the charge for the room. 

Revisor's Note 

This section is new language derived without substantive 
chance from the T' through 4^^ sentences of Article 30, 
§13.0-2-6b. 

In the introductory clause, the defined term "single-family 
dwcllmg" is substituted for "single-family residence" for 
clarity and consistency. 

The last sentence of §13.0-2-6b, which is more substantive 
than definitional, is transferred to §4-1003(2) of this article. 

Defined terms: 

Duelling §1-136 Use §1-196 



744 



1 998- 1 999 Session Ord. 99-547 



§ 1-117. Block. 

"Block" means the land adjoining one side of a street between two 
consecutive junctions of that street with other streets or with 
railway rights-of-way or waterways that cross or meet that side 
of the street. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-7a. 

Defined terms: 

Adjoining §1-104 Street §1-190 



§ 1-118. Board. 

"Board" means the Board of Municipal and Zoning Appeals of 
Baltimore City. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-1-5. 

§ 1-119. Bookstore: general. 

"Book store: general" means any book or magazine store or similar 
establishment that is not an adult book or video store. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-8. 

In this and the next section, the cumbersome phrases "book 
and magazine stores and similar establishments" have been 
simplified and the "Class A" and "Class B" designations 
substituted with the somewhat more meaningful adjectives 
"general" and "adult". 

Defined terms: 

Book or video store: adult §\ - 1 20 



745 



Ord. 99-547 1 998- 1 999 SESSION 

§1-120. Book OR VIDEO store: ADULT. 

(A) Supplemental terms defined. 

(1) In general 

In this section, the following terms have the meanings 

indicated. 

(2) HaRMFULTO MINORS. 

"Harmful to minors" means the quality of representation of 

NUDITY, sadomasochistic ABUSE, SEXUAL CONDUCT, OR SEXUAL 
EXCITEMENT THAT: 

(I) PREDOMINANTLY APPEALS TO THE PRURIENT, SHAMEFUL, 
OR MORBID INTEREST OF YOUNG INDIVIDUALS; 

(II) IS PATENTLY OFFENSIVE TO PREVAILING STANDARDS IN THE 
ADULT COMMUNITY AS A WHOLE WITH RESPECT TO WHAT IS 
SUITABLE MATERIAL FOR YOUNG INDIVIDUALS; AND 

(ffl) IS UTTERLY WITHOUT REDEEMING SOCIAL IMPORTANCE FOR 
YOUNG INDIVIDUALS. 

(3) Nudity. 

"Nudity" means: 

(i) the showing of the human male or female genitals, 
pubic area, or buttocks with less than a fully 
opaque covering; 

(ii) the showing of the female breast with less than a 
fully opaque covering of any part below the top of 
the nipple; or 

(iii) the depiction of covered male genitals in a 
discernibly turgid state. 

(4) Sadomasochistic ABUSE. 

"Sadomasochistic abuse'' means: 



746 



1 998- 1 999 Session Ord. 99-547 



(I) FLAGELLATION OR TORTURE BY OR UPON AN INDIVIDUAL 
CLOTHED IN UNDERGARMENTS, MASK, OR BIZARRE 
COSTUME; OR 

(n) THE CONDITION OF BEING FETTERED, BOUND, OR 

OTHERWISE PHYSICALLY RESTRAINED ON THE PART OF ONE 
WHO IS SO CLOTHED. 

(5) Sexual CONDUCT. 

"Sexual CONDUCT" means acts of masturbation, sexual 

INTERCOURSE, SODOMY, OR PHYSICAL CONTACT WITH AN 
INDIVIDUAL'S CLOTHED OR UNCLOTHED GENITALS, PUBIC AREA, 
BUTTOCKS OR, EF THE INDIVIDUAL IS FEMALE, BREAST. 

(6) Sexual EXCITEMENT, 

"Sexual excitement" means the condition of human genitals 
in a discernable state of sexual stimulation or arousal. 

(B) "Book or video store: adult" defined. 

"Book or video store: adult" means a place of activity the 
principal use of which is to sell, transfer, or disseminate 
sexually explicit material, including the following: 

(1) any picture, photograph, drawing, sculpture, video, or 
similar visual representation or image of an individual 
or part of the human body that: 

(i) depicts nudity, sadomasochistic abuse, sexual 
conduct, or sexual excitement; and 

(n) is harmful to minors; or 

(2) any book, pamphlet, magazine, printed matter however 
reproduced, or sound recording that: 

(i) contains any matter enumerated in paragraph 
( 1 ) of this subsection or any explicit and 
detailed verbal descriptions or narrative 
accounts of sadomasochistic abuse, sexual 
conduct, or sexual excitement ; and 

(n) taken as a whole, is harmful to minors. 



747 



Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 

This section is new language derived from Article 30, §13.0- 
2-9. As to the change in nomenclature, see Revisor's Note 
to §1-1 19 ("Book store: general"} of this subtitle. 

In subsection (a)(2) of this section, the limited reference to a 
depiction "in a film" is deleted as inconsistent with the 
general breadth of the definition and, undoubtedly, a 
drafting error. 

Subsections (a)(5) and (6) are revised slightly to conform to 
the later-enacted language used in the similar definition of 
"adult entertainment". See § 1 - 1 06 of this subtitle. 

In subsection (b)(1) of this section, "sexual excitement" is 
added for consistency with the balance of the section. 

Defined terms: 

Adult §1-105 

Includes; 

including §1-152 



§ 1-121. Building. 

"Building" means all or any part of a structure that is: 

(1) COVERED; 

(2) AFFIXED TO THE LAND; and 

(3) BUILT FOR THE ENCLOSURE OF PEOPLE, ANIMALS, CHATTELS, 
MOVABUE PROPERTY, OR OPERATIONS OF ANY KIND. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-10 and, as to the phrase "or 
any pan of. §13.0-1-3. 

Defined terms: 

Structure § 1 - 1 93 



Minor 


§1-161 


Principal use 


§1-177 


Use 


§1-196 



748 



1 998- 1 999 Session Ord. 99-547 



§ 1-122. Business establishment. 

"Business establishment" means a place of business carrying on an 
operation that is physically separate and distinct from any other 
place of business. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-14. 

§ 1-123. Car wash. 

(A) In GENERAL. 

"Car wash" means a structure that: 

( 1 ) contains facilmes for washing or cleaning automobiles 
or other motor vehicles; and 

(2) uses production-line methods with a chain conveyor, 
blower, sprayer, steam-cleaning device, or other 
mechanical device. 

(B) Self-service. 

"Car WASH" includes self-service, coin-operated motor vehicle 

WASHING equipment, WHETHER OR NOT LOCATED WITHIN A STRUCTURE, 
UNLESS THAT EQUIPMENT IS ACCESSORY AND CLEARLY SUBORDINATE TO 
A RELATED PRINCIPAL USE SUCH AS A GASOLINE SERVICE STATION. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-6. The defined term is 
changed from "automobile laundry" to the more familiar 
"car wash". 

In subsection (a) of this section, the former reference to a 
"portion" of a structure is deleted as unnecessary in light of 
the definition of "structure" to the same effect. 

Defined terms: 

Automobile §1-114 Principal use §1-177 

Gasoline service station § 1 - 1 46 Structure § 1 - 1 93 

Includes; including §1-152 Use §1-196 

Motor vehicle § 1 - 1 62 



749 



Ord. 99-547 1 998- 1 999 Session 



§1-124. ce^^^ral business district. 

"Central business district" means that area of the City that lies 
within the following boundaries: 

Beginning at Howard Street and North Avenue, 

THENCE easterly ALONG NORTH AVENUE TO 

Maryland Avenue, thence northerly to 20th 
Street thence easterly to Lovegrove Alley, 
thence southerly to Lafayette Avenue, thence 
easterly to Guilford Avenue, thence southerly 

TO THE FaLLSWAY, THENCE SOUTHERLY ALONG THE 

Fallsway to the end of East Falls Avenue, 
thence in a southwesterly extension to the 
intersection of montgomery street and 
BATTERY Avenue, thence westerly along 
Montgomery Street to Hanover Street, thence 
southerly to Henrietta Street, thence 
northwesterly to Montgomery Street, thence 
southwesterly to fremont avenue, thence 
northwesterly to lexington street, thence 
easterly to myrtle avenue, thence northerly 
TO BiDDLE Street, thence northeasterly to 
Howard Street, thence northerly to the point 
OF beginning. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-16. 

§1-125. City Code. 

"City Code" means: 

( 1 ) THE 1 976/83 Edition of the Baltimore City Code; and 

(2) THE Revised Code OF Baltimore City. 

Revisor's Note 

This section is new language added for clarity. See also § 1- 
183 {"Revised Code"} of this subtitle. 



750 



1 998- 1 999 Session Ord. 99-547 



§ 1-126. Clinic: medical or dental. 

"Clinic: medical or dental" means a building the principal use of 

WHICH is for offices OF PHYSICIANS OR DENTISTS FOR THE EXAMINATION 
AND TREATMENT OF PEOPLE ON AN OUT-PATIENT BASIS. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-17. 

"Building" is substituted for "structure" for consistency. 

Defined terms: 



Building 


§1-121 


Principal use 


§1-177 


Dentist 


§1-133 


Use 


§1-196 


Physician 


§1-175 







§ 1-127. Club or lodge: private. 

(A) In GENERAL. 

"Club or lodge: private" means a club or lodge that: 

( 1 ) has a limited membership elected pursuant to its 
charter or bylaws; 

(2) excludes the general public from its premises or place 
of meeting; 

(3) is organized with ofrcers and directors; and 

(4) holds all property for the common benefit of its 

MEMBERS. 

(B) Exclusions. 

"Club or lodge: private" does not include an establishment that 

PERMITS NONMEMBERS TO PAY A TEMPORARY MEMBERSHIP FEE AT THE 
IXX)R IN ORDER TO ENTER AND USE THE PREMISES. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-69a. 



751 



Ord. 99-547 1 998- 1 999 SESSION 



Subsection (a)(4) is substituted for the ambiguous reference 
to club property being "owned in cominon", a reference that 
arguably (and unnecessarily) precludes corporate ownership 
of club property. 

Defined terms: 

Premises §1-176 



§1-128. Community CORRECTION CENTER. 

"Community correction center" means a facility: 

( 1 ) THAT provides COMMUNITY-ORIENTED TREATMENT SERVICES TO 
individuals UNDER THE JURISDICTION OF AN AGENCY IN THE 
CRIMINAL JUSTICE SYSTEM; AND 

(2) TO WHICH ONLY INDIVIDUALS CLASSIFIED AS MINIMUM SECURITY ARE 
ASSIGNED AND ALLOWED TO PARTICIPATE IN WORK-RELEASE, 
EDUCATIONAL RELEASE, INDIVIDUAL, GROUP, OR FAMILY 
COUNSELING, RECREATION, PRE-RELEASE ORIENTATION, AND 
COMMUNITY INVOLVEMENT. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1" and 2"^ sentences of Article 30, §13.0-2- 
19. 

The 3"^ sentence, which is more substantive than 
definitional, is transferred to §14-346 of this article. 

§1-129. Convalescent, NURSING, OR REST HOME. 

(A) In GENERAL 

"Convalescent, nursing, or rest home" means a home in which 3 
OR more people who are aged, chronically ill, infirm, incurable, 
or suffering bodily disorders are housed and provided with 
food and care. 

(B) Exclusions. 

"Convalescent, nursing, or rest home" does not include any 
hospitau cunic, or similar institution devoted primarily to the 



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1 998- 1 999 Session Ord. 99-547 



DIAGNOSIS AND TREATMENT OF DISEASE AND INJURY, MATERNITY CASES, 
OR MENTAL ILLNESS. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-20. 

In subsection (a) of this section, the former reference to 
providing "shelter" is deleted as already encompassed within 
the term "housed". 

§ 1-130. {Reserved} 

§ 1-131. Day care home: family. 

"Day care home: family" means a facility that: 

( 1 ) is registered with the state department of human 
Resources as a family day care home; and 

(2) provides care to no more than 8 children. 

Revisor's Note 

This section is new language substituted without substantive 
change for Article 30, §13.0-2-2 la and 21b. Except for the 
8-child hmit, the former definitions of "family day care" and 
"family day care home" do no more than repeat the 
definitions of those terms in State Family Law Article 
§5-501 (d) and (e). This revision accomplishes the same 
substantive effect, with improved clarity and consistency, by 
cross-reference to the State regulatory scheme. 

§1-132. Day NURSERY. 

"Day nursery" means any facility that, at any 1 time during the day 
OR night, whether for compensation, reward, or otherwise, receives 

2 OR MORE CHILDREN NOT OF COMMON PARENTAGE FOR TEMPORARY 
guardianship and nursery care while their PARENTS OR GUARDIANS 
ARE ENGAGED IN OTHER ACTIVITIES. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-22 and the definition in 
former Article 11, §54. 



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Ord. 99-547 1 998- 1 999 SESSION 



The related definition in Anicle 30, §13.0-2-21 of "group 
day care center" is deleted as unnecessary. A "group day 
care center" is. in essence, a subcategory of "day nursery", 
as here defined; moreover, for purposes of this article, the 
two are part of the same use group, with no distinction 
drawn between them. 

§ 1-133. Dentist. 

"Dentist" means an indp/edual authorized by law to practice 
dentistry in the state of maryland. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-23. 

The phrase "authorized by law" is substituted for "duly 
licensed" clarity. See Revisor's Note to §1-175 
("Physician"). 

§ 1-134. Dog or cat kennel: private. 

(A) In GENERAL 

"Dog OR CAT KENNEL: PRIVATE" MEANS ANY PREMISES WHERE 3 OR 
MORE DOGS OR C.a,TS OVER 6 MONTHS OLD ARE BOARDED OR MAINTAINED 
FOR NONCOMMERCIAL PURPOSES. 

(B) Commercial establishments excluded. 

"Dog or cat kennel: private" does not include any 
establishment: 

(1) for the commercial breeding of dogs or cats; or 

(2) where dogs or cats are boarded, groomed, sold, or 
trained for a fee. 

Revisor's Note 

This section is new language denved without substantive 
change from Article 30^ §1^3.0-2-24. 

In subsection (a) of this section, the former reference to 
"part" of any premises is deleted as unnecessary in light of 
the definition of "premises" to the same effect. 



754 



1 998- 1 999 Session Ord. 99-547 

Defined terms: 

Premises §1-176 

§ 1-135. Drive-in establishment. 

(A) In GENERAL. 

"Drive-in establishment" means a business establishment at 

WHICH patrons are ABLE TO MAKE PURCHASES, TRANSACT BUSINESS, 
OR VIEW MOTION PICTURES OR OTHER ENTERTAINMENT WHILE 
OCCUPYING AUTOMOBILES. 

(B) Establishments selling prepared food. 

"Drive-in establishment" includes a restaurant or other 

BUSINESS establishment THAT SELLS PREPARED FOOD FOR IMMEDIATE 
CONSUMPTION IF: 

( 1 ) PARKING OR PICKUP DRIVES ARE LOCATED ON THE PREMISES ; 
AND 

(2) EITHER: 

(I) WAIT-STAFF SERVICE IS NOT PROVIDED OR IS PROVIDED 
ONLY INCIDENTALLY TO THE PRIMARY SERVICE OF 
SELLING FOOD FROM A COUNTER OR WINDOW; 

(n) TABLES FOR THE CONSUMPTION OF FOOD WITHIN THE 
PREMISES ARE NOT PROVIDED OR ARE PROVIDED ONLY 
INCIDENTALLY; OR 

(ffl) ANY FOOD SOLD IS PACKAGED TO FACILITATE ITS 
CONSUMPTION AT PLACES OTHER THAN WITHIN THE 
STRUCTURE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, § 1 3.0-2-25. 

The requirement for "parking or pickup drives" is relocated 
to subsection (b)(1) of this section to clarify its applicability 
to all of the alternatives listed in subsection (b)(2) and not, 
as one reading of the former provision suggests, to the last 
alternative only. 



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Ord. 99-547 1 998- 1 999 SESSION 



In subsection (b)(2)(i), "wail-slaff service" is substituted for 
"table service" to clarify the distinction between this item 
and the reference to "tables" in item (ii). 

Defined terms: 

A utomobile § 1 - 1 1 4 Premises § 1 - 1 76 

Business establishment §1-122 Structure §1-193 

Includes- including §1-152 



§ 1-136. Dwelling. 

(A) In GENERAL. 

"Dwelling" means a building or part of a building used for 
residential occupancy. 

(B) Exclusions. 

"Dwelling" does not include an apartment hotel, hotel, 
rooming house, trailer, or mobile home. 

(c) Types OF DWELUNGS 

The FOLLOWING ARE THE TYPES OF DWELLINGS: 

( 1 ) Attached dwelling: a dwelling that is joined to another 
dwelling at 1 or more sides by an approved party wall 

OR WALLS. 

(2) Detached dwelling: a dwelling that is surrounded on 
all sides by yards on the same lot. 

(3) Multiple-family dwelling: a dwelling that contains 2 or 
more dwelling units. 

(4) Semi-detached dwelling: a dwelling that is: 

(I) jointed to another dwelling at only 1 side by an 
approved party wall; and 

(II) otherwise surrounded by yards on the same lot. 

(5 ) Single- family DWELLING: a dwelling that contains only 1 
dwelling unit. 



756 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language that combines without 
substantive change the definitions in Article 30, §13.0-2-26 
through 3 1 . 

In subsection (b) of this section, the former reference to a 
"boarding hous[e]" is deleted as redundant given the use of 
the broadly defined "rooming house". 

Defined terms: 

Apartment hotel § 1 - 1 11 Rooming house § 1 - 1 85 

Building §1-121 Use §1-196 

Dwelling unit §1-137 Yard §1-198 

Lot §1-154 



§1-137. Dwelling UNIT. 

"Dwelling unit" means 1 or more rooms in a dwelling that: 

(1) are used as living quarters for occupancy by 1 family; and 

(2) contain permanently installed bathroom and kitchen 
facilities reserved for the occupants of the room or rooms. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-32. 

Defined terms: 

Dwelling §1-136 Use §1-196 

Family §1-142 

§ 1-138. Efficiency unit. 

"EFRCIENCY unit" means a dwelling unit that CONSISTS OF 1 PRINCIPAL 
ROOM, EXCLUSIVE OF: 

(1) A BATHROOM; 

(2) A KITCHEN; 

(3) A HALLWAY; 



757 



Ord. 99-547 1 998- 1 999 Session 

(4) closets; and 

(5) a dining alcove that: 

(i) is directly off the principal room, and 

(n) does not exceed 1 25 square feet in floor area. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 307 §13.0-2-33. 

Defined terms: 

Dwelling unit § 1 - 1 3 7 



§1-139. Enclosed STRUCTURE. 

"Enclosed structure" means a structure that is separated on all 
sides from the adjoining yards or other open space, or from other 
structures, by exterior walls or approved party walls pierced 
only by normal windows and doors. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, § 1 3.0-2-34. 

Defined terms: 

Adjoining §1-104 Yard §1-198 

Structure §1-193 



§ 1-140. Erect. 
"Erect" means: 

( 1 ) TO construct, reconstruct, or MOVE A STRUCTURE ON A LOT; 
OR 

(2) TO EXCAVATE, FILL, DRAIN, OR CONDUCT PHYSICAL OPERATIONS OF 
ANY KIND IN PREPARATION FOR OR WHILE UNDERTAKING THE 
CONSTRUCTION, RECONSTRUCTION, OR .MOVING OF A STRUCTURE ON 
A LOT. 



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1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-35. 

Defined terms: 

Lot §1-154 Structure §1-193 

§ 1-141. Expand. 

"Expand" means to enlarge, expand, extend, or add to. 

Revisor's Note 

This section is new language added for brevity and 
consistency. Throughout former Article 30, several different 
combination of these terms are used, without any apparent 
substantive distinction being intended. 

§ 1-142. Family. 

(a) In general. 

"Family" means one of the following, together with usual 
household helpers: 

(1) AN individual; 

(2) 2 OR more people related by blood, marriage, or 
adoption, living together as a single housekeeping unit 
in a dwelling unit; or 

(3) A GROUP of not more THAN 4 PEOPLE, WHO NEED NOT BE 
RELATED BY BLOOD, MARRIAGE, OR ADOPTION, LIVING 
TOGETHER AS A SINGLE HOUSEKEEPING UNIT IN A DWELLING 
UNIT. 

(B) Roomers INCLUDED. 

"Family" includes, with respect to those listed in subsection 
(a)(1) or (2) only, up to 2 roomers within the dwelling unit, as 
long AS: 

( 1 ) THEY SHARE A COMMON ENTRANCE AND COOKING AND 
BATHROOM FAdLITIES; AND 



759 



Ord. 99-547 1 998- 1 999 SESSION 



(2) IN THE CASE OF A MULTIPLE-FAMILY DWELLING, NO MORE THAN 
2 ROOMERS ARE IN THE ENTIRE DWELLING, REGARDLESS OF THE 
NUMBER OF DWELLING UNITS. 

(c) Exclusions. 

In NO CASE. DOES MORE THAN 4 UNRELATED PEOPLE, A ROOMING HOUSE, 

a hotel, or a fraternity or sorority house constitute a family. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-37. 

In subsection (b) of this section, references to "boarders" are 
deleted as redundant given the use of the broadly defined 
"roomers'". 

Defined terms: 

Dwelling §1-136 Roomer §1-184 

Dwelling unit §1-137 Rooming house §1-185 

Includes; including § 1 - 1 5 2 



§ 1-143. Firearm. 

"firearm" means any handgun, rifle, or shotgun, as defined in state 
Code Article 27, § 36F. 

Revisor's Note 

This section is new language that combines without 
substantive change the definitions in Article 30, §13.0-2- 
42b, 70a, and 73d of "handgun", "rifle", and "shotgun". 
These devices are all of one use group, and their 
consolidation under the term "firearm" promotes brevity and 
consistency. 

§1-144. Floor AREA. 

"Floor area" means: 

( 1 ) for purposes of determining floor area ratio, the .area 
SPECIFIED IN § 1 -302 {"Floor area, for determining floor area 

RATIO"} OF THIS TITLE; 



760 



1 998- 1 999 Session Ord. 99-547 



(2) FOR PURPOSES OF DETERMINING "GROSS FLOOR AREA", THE AREA 

SPECIFIED IN § 1-304 {"Gross floor area"} of this title; and 

(3) FOR PURPOSES OF DETERMINING PARKING REQUIREMENTS, THE AREA 

SPECIFIED IN § 10-401 {"Floor area for determining 

REQUIREMENTS"} OF THIS ARTICLE. 

Revisor's Note 

This section is new language designed to serve as a cross- 
reference to the differing substantive rules for determining 
floor area. 

Defined terms: 

Floor area ratio § 1 - 1 45 



§ 1-145. Floor AREA ratio; FAR. 

"Floor area ratio" means the factor determined and applied as 
SPECIFIED IN § 1-303 {"Floor area ratio"} of this title. 

Revisor's Note 

This section is new language designed to serve as a cross- 
reference to the rules for determining and applying floor 
area ratios. 

§ 1-146. Gasoline service station. 

"Gasoline service station" means any premises or structure: 

( 1 ) THAT is used FOR THE RETAIL SALE OF MOTOR VEHICLE FUELS, OILS, 
AND ACCESSORIES; AND 

(2) AT WHICH: 

(I) REPAIR SERVICE IS INCIDENTAL; AND 
(n) NO ALCOHOLIC BEVERAGES ARE SOLD. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-6.1. 



761 



Ord. 99-547 1 998- 1 999 SESSION 



The defined term is changed from "automobile service 
station" to'"gasolme service station" for clarity, given the 
requirement that repair service be "incidental" to the main 
use of scilins fuel. 



Defined terms: 






Motor vehicle § 1 - 1 62 
Premises §1-176 


Structure 
Use 


§1-193 
§1-196 


§ 1-147. {Reserved} 






§ 1-148. Heliport. 






(A) In GENERAL. 







"Heliport" means a designated landing area for discharging or 
picking up passengers or goods by helicopter or similar vertical 
lift aircraft. 

(B) Inclusions. 

"Heliport" includes terminal FACiLrriES for passengers, goods, 

AIRCRAFT SERVICING, OR STORAGE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-43 

Defined terms: 

Includes: including § 1 - 1 5 2 



§1-149. Helistop. 

"HELISTOP" means A DESIGNATED LANDING AREA OR TOUCHDOWTM PAD USED 
OR INTENDED FOR THE LANDING AND TAKE-OFF OF HEUCOPTERS OR SIMILAR 
VERTICAL LIFT AIRCRAFT. 

Revisor*s Note 

This section is new language derived without substantive 
change from Article 30. §f3.0-2-44 



762 



1 998- 1 999 Session Ord. 99-547 

§ 1-150. Home occupation. 

"Home occupation" means an occupation or profession: 

( 1 ) THAT is customarily CONDUCTED BY A MEMBER OF THE FAMILY 
THAT RESIDES ON THE PREMISES; AND 

(2) IN CONNECTION WITH WHICH: 

(I) NO SIGN APPEARS ON THE PREMISES, OTHER THAN A 

NAMEPLATE AS PERMITTED IN § 11-316 { "NaMEPLATES" } 
OF THIS ARTICLE; 

(n) NO EXTERIOR DISPLAY INDICATES THAT THE BUILDING IS 
BEING USED, IN WHOLE OR IN PART, FOR ANY PURPOSE 
OTHER THAN THAT OF A DWELLING; 

(in) NO COMMODITY IS SOLD ON THE PREMISES; 

(IV) NO ONE IS EMPLOYED ON THE PREMISES OTHER THAN A 
FAMILY MEMBER WHO RESIDES ON THE PREMISES; AND 

(V) NO MECHANICAL OR ELECTRICAL EQUIPMENT IS USED ON 
THE PREMISES EXCEPT THAT WHICH IS NORMALLY USED FOR 

purely domestic or professional purposes. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-45. 

Former references to members of the "immediate" family are 
deleted as unnecessary in light of the detailed definition of 
"family". 

Defined terms: 

Building §1-121 Premises §1-176 

Dwelling §1-136 Sign §1-189 

Family §1-142 

§ 1-151. Housing for the elderly. 

(A) In GENERAL 

"Housing for the elderly" means a residential building: 

763 



Ord. 99-547 1 998- 1 999 SESSION 



( 1 ) THAT CONTAINS 1 OR MORE DWELLING UNITS SPECIFICALLY 
DESIGNED FOR THE NEEDS, USE, AND OCCUPANCY OF PEOPLE 
WHO ARE 60 YEARS OLD OR OLDER OR WHO ARE DISABLED; 

( 2 ) IN WHICH THE ONLY OCCUPANTS OTHER THAN THOSE 60 YEARS 
OLD OR OLDER OR DISABLED ARE SPOUSES, CARETAKERS, OR 
SIMILAR INDIVIDUALS; AND 

(3 ) IN WHICH NO MORE THAN 1 0% OF THE OCCUPIED UNITS CONTAIN 
SPOUSES, CARETAKERS, OR SIMILAR INDIVIDUALS WHO ARE 
NEITHER 60 YEARS OLD OR OLDER NOR DISABLED. 

(B) Inclusions. 

"Housing for the elderly" may contain medical and dental 

OFFICES AS an ACCESSORY USE PRIMARILY FOR THE OCCUPANTS OF THE 
BUILDING. 

Revisor's Note 

This section is new language derived from the 1" through 3"* 
sentences of Article 30, §13.0-2-46. 

Subsection (a)(2) of this section is revised to clarify that this 
list of permitted non-aged or disabled occupants is limiting 
and not, as one reading of the former statute suggests, 
merely illustrative. 

The last sentence of §13.0-2-46, which is more substantive than 
definitional, is transferred to §14-351 of this article. 

Defined terms: 

Accesson use § 1 - 1 02 May cf. §1-211 

Building' §1-121 Use §1-196 

Dwelling unit §1-137 



§1-152. Includes; including. 

"Includes" or "including" means by way of illustration and not by 
way of limitation. 

Revlsor's Note 

This section, which is patterned after State Code Article 1, 
§30. IS new language added to clanfy expressly that the 
words "includes" and "including" are used in this article by 



764 



1 998- 1 999 Session Ord. 99-547 



way of illustration and expansion and not by way of 
limitation or restriction. In light of this definition, phrases 
like "but not limited to" are deleted throughout this article as 
no longer necessary. 

§ 1-153. Industrial trade school. 

"Industrial trade school" means a school devoted to teaching a 
trade that is based on familiarity with tools and machinery, 
including automotive mechanics, automotive painting, machine 
making and repairing, welding, and truck driving. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, § 1 3 .0-2-47a. 

Defined terms: 

Includes; including § 1 - 1 5 2 



§ 1-154. Lot. 

(A) In GENERAL. 

"Lot" MEANS A PORTION OF LAND THAT: 

(1) IS A LOT OF RECORD; OR 

(2) HAS BEEN ESTABLISHED AS A LOT BY AN APPROVED SUBDIVISION 
PLAT. 

(B) Types OF LOTS. 

The FOLLOWING ARE THE TYPES OF LOTS: 

( 1 ) Interior lot. a lot that is not a street corner lot. 

(2) Street CORNER LOT: A LOTTHAT. 

(I) IS located at the intersection of TWO STREETS 
WHERE THE INTERIOR ANGLE OF THE INTERSECTION 
DOES NOT EXCEED 135°; OR 

(n) ADJOINS A CURVED STREET WHERE THE TANGENTS TO 
THE CURVE AT THE POINTS OF INTERSECTION 

765 



Ord. 99-547 1 998- 1 999 Session 



INTERSECT AT AN INTERIOR ANGLE THAT DOES NOT 
EXCEED 135°. 

Revisor's Note 

This section is new language that combines the definitions 
in Article 30. §13.0-2-48, 50, 55, and 56. 

In subsection (b)(2)(ii) of this section, the phrase "does not 
exceed" is substituted for "less than" for consistency with 
the immediately preceding item (i). 

Denned terms: 

Adjoining §1-104 Street §1-190 

§ 1-155. Lot AREA. 

"LOT AREA" MEANS THE AREA OF A HORIZONTAL PLANE BOUNDED BY LOT 
LINES. 

Revisor's Note 

This section is derived without substantive change from 
Article 30, §13.0-2-49. 

Defined terms: 

Lot line §1-156 



§1-156. Lot LINE. 

(A) In GENERAL 

"Lot line" means a line bounding a lot. 

(B) Types OF LOT LINES. 

The following are the types of lot lines: 
( 1 ) Front lot une: the lot line that: 

(I) COINCIDES with THE RIGHT-OF-WAY LINE OF AN 
EXISTING OR DEDICATED PUBLIC STREET; OR 



766 



I 



1 998- 1 999 Session Ord. 99-547 



(n) WHERE NO PUBLIC STREET EXISTS, COINCIDES WITH THE 
RIGHT-OF-WAY LINE OF A PUBLIC OR PRIVATE WAY 
THAT, IF mS NOT A DEDICATED STREET, IS: 

(A) A LEAST 50 FEET WIDE; OR 

(B) IF LIMITED EXCLUSIVELY TO PEDESTRIAN 

trafrc, at least 30 feet wide, unless 
otherwise authorized by variance. 

(2) Rear lot line: the lot line that is most distant from and 
is opposite the front lot line. 

(3) Side lot une: any lot line that is neither a front lot line 
nor a rear lot line. 

Revisor's Note 

This section is new language that combines without 
substantive change the definitions in Article 30, §13.0-2-51, 
53, 54, and the 1" sentence of 52. 

In subsection (b)(l)(2)(B) of this section, "variance" is 
substituted for the former reference to "special exception". 
See General Revisor's Note to Title 15 of this article. 

The balance of §13.0-2-52, which is more substantive than 
definitional, is transferred to §§3-302 and 15-212 of this 
article. 

Defined terms: 

Lot §1-154 Street §1-190 



§ 1-157. Marina. 

(A) In GENERAL 

"Marina" means any facility designed to moor, berth, launch or 
store 5 or more water craft, whether as a principal use or an 
accessory use. 

(B) Types OF MARINAS. 

The FOLLOWING ARE THE TYPES OF MARINAS: 



767 



Ord. 99-547 1 998- 1 999 SESSION 



( 1 ) Accessory marina: any marina for recreational water 
craft that is used exclusively for the benefit of the 

occupants of PROPERTIES WITHIN 300 FEET OF A MARINA 
ENTRANCE. 

(2) Dry STORAGE marina (boatel): any marina with 
waterfront access that is designed or used for the dry 
storage of recreational water craft in racks or other 
storage systems. 

(3) Industrial marina (boat repair faciuty): any facility with 
5 or more slips (wet or dry) that is constructed solely 
for the manufacture, assembly, or repair of 
commercial water craft less than 1 20 feet long or 
recreational water craft. 

(4) RECREA TIONAL boa T la VNCH/TIE up marina : A DESIGNATED 

area at which recreational water craft may be 
launched or at which transient (for less than 1 week at 
a time) water craft may tie up, be launched, or have 
repairs made. 

(5 ) Recreational marina : any facility that provides for the 

LEASE OR purchase OF 5 OR MORE IN-WATER MOORINGS OR 
WET SLIPS FOR RECREATIONAL WATER CRAFT. 

Revisor's Note 

This section is new language derived from all but the 2"** 
sentence of Article 30, § 1 3^0-2-56a. 

Throughout this section, former, varying references to 
"boats" and "water craft" are conformed by using the 
broader term, "water craft" consistently. 

In subsection (a) of this section, "or store" is added to 
conform to later references to "storage". Also in subsection 
(a), the former, limited reference to "recreational" water 
craft is deleted as inconsistent with the broader scope of 
subsection (b)(3). which covers commercial craft as well. 

In subsection (b)(2) of this section, the reference to "5 or 
more" water craft is deleted as unnecessary given the basic 
definition of "marina" m subsection (a) to the same effect. 

In subsection (b)(3) of this section, the 120-fool limitation 
has been moved, in accordance with admmistraiive 
understanding, to modify "commercial" water craft rather 



768 



I 



1 998- 1 999 Session Ord. 99-547 



than, as formerly, "recreational" water craft. Were this 
definition applicable to commercial craft of all sizes, it 
would effectively cover the same type of facility as the term 
"shipyard", separately defined in §1-188 of this subtitle. 

Subsection (b)(4) of this section is revised to conform to 
administrative practice and understanding. 

The 2°^ sentence of former §13.0-2-56a, which excluded 
"[sjhipyards and private piers ... for 4 or fewer recreational 
boats" from the definition of "marina", is deleted as 
tautological at best. 

Defined terms: 

Accessory use §1-102 Private pier §1-178 

Marina entrance §1-158 Shipyard §1-188 

Principal use §1-177 Use §1-196 



§ 1-158. Marina entrance. 

"Marina entrance" means the point or points where pedestrian 
access is provided from the land to the marina docks. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-56b. 

Defined terms: 

Marina §1-157 



§ 1-159. Massage therapist's office. 

"Massage therapist's ofhce" means a location at which massage 
therapy is practiced only by individuals certified by the state 
Board of Chiropractic Examiners. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2- 16b (as enacted by Ord. 98- 

252). 

The companion definition in §13.0-2-16a of "certified 
massage therapist" is deleted as redundant. 



769 



Ord. 99-547 1 998- 1 999 SESSION 



§1-160. Master Plan. 

"Master Plan" means the maps, plats, charts, and descriptive 
matter adopted by the planning commission under article vii, § 74 
OF THE Cm' Charter. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-57. 

§ 1-161. Minor. 

"Minor" means an individual under the age of 18. 

Revisor's Note 

This section is new language patterned after the standard 
definition of "minor" in State Code Article 1, §24(b)(2). 

§ 1-162. Motor \t:hicle. 

"Motor vehicle" has the meaning stated in §11 -135 of the State 
Transportation Article. 

Revisor's Note 

This section is new language added for clarity. Cf. § 1-114 
{"Automobile"} of this subtitle. 

§1-163. Multi-purpose neighborhood CENTER. 

(A) In GENERAL 

"Multi-purpose neighborhood center" means a building or a 
group of buildings used, in whole or in part, for 2 or more 
governmental or community services, such as health, day care, 
recreation, legal aid, social services, education, and 
employment counseling. 

(B) Inclusions. 

"Multi-purpose neighborhood center" includes Mayor's 
Stations. 



770 



1998-1 999 Session Ord. 99-547 



Revisor's Note 



This section is new language derived without substantive 
change from Article 30, §13.0-2-58. 

Defined terms: 

Building §1-121 Use §1-196 

Includes; including §1-152 



§ 1-164. {Reserved} 

§ 1-165. noncomplying structure. 

"noncomplying structure" has the meaning stated in § 13-101 
{"Nonconformance: Definitions"} of this article. 

Revisor's Note 

This section is new language added as a cross-reference to 
the definition appearing in Title 13 of this article. 

Defined terms: 

Structure §1-193 

§ 1-166. Nonconforming use. 

"Nonconforming USE" has THE MEANING STATED IN § 13-101 
{"Nonconformance: Definitions"} of this article. 

Revisor's Note 

This section is new language added as a cross-reference to 
the definition appearing in Title 13 of this article. 

Defined terms: 

Use §1-196 



§ 1-167. NONPROnT. 

"Nonprofit" means organized and operated exclusively for 
educational, social, fraternal, patriotic, political, athletic, or 



771 



Ord. 99-547 1 998- 1 999 SESSION 



CHARITABLE PURPOSES, WITH NO PART OF ITS NET INCOME INURING TO THE 
BENEFIT OF ANY SHAREHOLDER OR INDIVIDUAL. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30*^ §13.0-2-62. 

§1-168. Nursery SCHOOL. 

"Nursery school" means any facility that: 

( 1 ) offers or supplies an educational program to children; and 

(2) adheres to the requirements of and is approved by the state 
Department of Education. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-63. 

§1-169. Parole and probation FIELD office. 

"Parole and probation field ofhce" means an ofrce that is; 

( 1 ) under the jurisdiction of the State Division of Parole and 
Probation; and 

(2) staffed BY PAROLE AGENTS WHO SUPERVISE AND INVESTIGATE 
P.AROLEES AND PROBATIONERS. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30. §r3.0-2-64b. 

§ 1-170. Pawt^jshop. 

"Pawnshop" means a place of business of a person who engages in: 

( 1 ) lending money on the DEPOSIT OR PLEDGE OF PERSONAL 

PROPERTY OR OTHER VALUABLE THING, OTHER THAN SECURITIES OR 
PRINTED EVIDENCES OF INDEBTEDNESS; OR 

( 2 ) PURCHASING PERSONAL PROPERTY OR OTHER VALUABLE THINGS ON 
CONDITION OF SELLING THEM BACK AT A STIPULATED PRICE. 



772 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 



This section is new language that combines without 
substantive change the definitions of "pawn shop" and 
"pawn transaction" in Article 30, §13.0-2-65-1 and 65-2. 

Defined terms: 

Person §1-174 



§ 1-171. Peep show device. 

(A) In GENERAL. 

"Peep show device" means any device operated for commercial 
purposes in which: 

( 1 ) motion picture or slide films are projected or viewed on 
a screen or through a viewer; or 

(2) viewed images are exhibited by means of the projection 
of internal electronic reflection of motion picture or 
slide fejvis. 

(B) Exclusions. 

"Peep show device" does not include a television receiver that 
reflects externally transmitted images. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-65a, except the clause in 
§13.0-2-65a referring to theaters, which is transferred to the 
definition of "peep show establishment". 

§ 1-172. Peep show establishment. 

(A) In GENERAL. 

"Peep show establishment" means a building that contains 1 or 
more peep show devices. 



773 



Ord. 99-547 1 998- 1 999 Session 



(B) Exclusions. 

"Peep show establishment" does not include a theater for the 
production and viewing of performing arts or cinema 

productions, as DESCRIBED IN § 303.2 OF THE BALTIMORE CiTY 

Building Code. 

Revisor's Note 

This section is new language derived without substantive 
change from Anicle 30, §13.0-2-65b and the exception in 
§13.0-2-65a for theaters. 

In subsection (a) of this section, the former reference to 
"part" of a building is deleted as unnecessary in light of the 
definition of "building" to the same effect. 

Defined terms: 

Buildin g § 1 - 1 2 1 Peep show device § 1 - 1 7 1 

§ 1-173. Permanent open SPACE. 

"Permanent open space" means a land area the use of which is 
limited, by recorded covenant, as follows: 

( 1 ) the land area is used solely for educational, recreational, 
or similar purposes; 

(2) the land area is devoted to providing open space for the 
permanent use and enjoyment of: 

(i) the public; or 

(ii) in the case of a planned unit development: 

(a) the public; or 

(b) residents and occupants of the planned unit 
development; and 

(3) the only structures on the land area: 



774 



1 998- 1 999 Session Ord. 99-547 

(i) are accessory and incidental to the purpose for 
which the open space is created and designed and 
contribute to or further that purpose; and 

(n) cover no more than 1 0% of the land area. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-67. 

Defined terms: 

Accessory structure §1-102 Use §1-196 

Structure §1-193 

1-174. Person. 

(A) In GENERAL 

"Person" means: 

(1) an individual; 

(2) a receiver, trustee, guardian, personal representative, 
fiduciary, or representative of any kind; and 

(3) a partnership, firm, association, corporation, or other 
entity of any kind. 

(B) Inclusions. 

"Person" includes, except as used in Title 17, Subtitle 5 

{ "Criminal penalties" } of this article, a governmental entity or 

an instrumentality or unit of a governmental entity. 

Revisor's Note 

This section is new language derived in part from Article 30, 
§13.0-1-6 and revised to conform to the broad, standard 
definition established for the Revised Code. 

In subsection (b) of this section, an exception is added to 
clarify that the criminal penalties imposed for violations of 
this article do not apply to governmental entities. 



775 



Ord. 99-547 1 998- 1 999 Session 



§1-175. PmsiciAN. 

"Physician" means an individual authorized by law to practice 
medicine in the state of maryland. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-68 

The phrase "authonzed by law" is substituted for "duly 
licensed" to conform to the usage in State law. Cf. Health 
Occupations Article §l-101(i). 

§1-176. Prendses. 

"Premises" means all or any part of any premises. 

Revisor's Note 

This section is new language adapted from the "or any part 
of rule formerly stated in Article 30, §13.0-1-3 for 
"building" and "structure" and extended here to "premises" 
for clarity and consistency. 

§ 1-177. Principal use or structure. 

"Principal use" or "principal structure" means the main use of land 

or of a structure or the main structure, respectively, as 
distinguished from an accessory use or accessory structure. 

Revisor's Note 

This section is new language derived from the definition in 
Article 30. §13.0-2-97 of "principal use" and expanded to 
cover "principal structure", as well. Cf. definition of 
"accessory use or structure" in §1-102 of this subtitle. 

Defined terms: 

Accessory structure §1-102 Use §1-196 

Structure §1-193 



§ 1-178. Private PIER. 

"Private pier" means FACiumES with 4 or fewer slips designed and 

USED EXCLUSIVELY FOR PRIVATE, RECREATIONAL PURPOSES BY THE OWNER. 



776 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-69b. 

Defined terms: 

Use §1-196 



§ 1-179. Recreational facility: indoor. 

"Recreational facility: indoor" means an enclosed structure that 

HOUSES recreational USES, SUCH AS A SPORTS CENTER, KIDDIE PARK, 
MINIATURE GOLF COURSE, BATTING CAGES, OR SIMILAR RECREATIONAL USES, 
BUT NOT GUN RANGES. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-69c-l (as enacted by Ord. 
97-143). 

Deflned terms: 

Enclosed structure § I - 1 3 9 

Structure §1-193 Use §1-196 



§ 1-180. Recreational facility: outdoor. 

"Recreational FACILITY: outdoor" means a designated area for 

RECREATIONAL USES, SUCH AS A GOLF DRIVING RANGE, ARCHERY RANGE, 
miniature golf COURSE, KIDDIE PARK, BATTING CAGES, OR SIMILAR 
RECREATIONAL USES, BUT NOT GUN RANGES. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-69c-2 (as enacted by Ord. 
97-143). 

Defined terms: 

Use §1-196 



777 



Ord. 99-547 1 998- 1 999 Session 

§ 1-181. Recyclable MATERIALS RECOVERY FACILITY. 

"Recyclable materials recovery facility" means a faclity: 

( 1 ) that collects, sorts, grades, or processes recyclable 
materials, including: 

(i) paper (including corrugated boxes, high grade 

paper, and NEWSPAPERS); 
(II) CANS (ALUMINUM, BI-METAL, OR TIN); 
(ffl) ALUMINUM SCRAP; 

(IV) NON-FERROUS METAL (COPPER, BRASS, ZINC, LEAD, OR TIN); 

(V) GLASS BOTTLES; AND 

(VI) PLASTICS; AND 
(2) AT WHICH: 

(I) THE PROCESSING IS LIMITED TO PRESSING, CRUSHING, 
CUTTING, BALING, AND OTHER PREPARATIONS OF 
MATERIALS FOR SHIPPING; 

(II) EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED, ALL 
OPERATIONS ARE PERFORMED WITHIN THE CONFINES OF AN 
ENCLOSED BUILDING; 

(ra) NO FERROUS METALS ARE ACCEPTED; 

(IV) NO RETAIL SALES ARE MADE; AND 

(V) ALL LOADING AND UNLOADING IS PERFORMED: 

(A) WITHIN THE CONFINES OF AN ENCLOSED BUILDING; 
OR 

(B) WITHIN AN AREA EFFECTIVELY SCREENED BY A 
MASONRY WALL OR BY A COMBINATION OF A 
MASONRY WALL AND A DURABLE FENCE AT LEAST 
8 FEET HIGH, TOGETHER WITH A PLANTING STREP 
ON THE OUTSIDE OF THAT WALL OR FENCE. 



778 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-57a. 

The term "recyclable" is added to the defined term for clarity 
and to permit better comparison with "recychng collection 
station", defined in the next section. 

In item (2)(ii) of this section, the introductory clause is 
added to reflect exceptions such as those in item (2)(v) and 
in the storage provisions for the M-1 District. 

Defined terms: 

Building §1-121 Includes; including §1-152 

§ 1-182. Recycling collection station. 

"Recycling collection station" means a receptacle, usually a 
trailer or roll-off, located on a hard surface: 

( 1 ) for collecting recyclable materials, including: 

(i) paper (including corrugated boxes, high grade 
paper, and newspapers); 

(n) cans (aluminum, bi-metal, or tin); 

(ffl) ALUMINUM SCRAP; 

(IV) NON-FERROUS METAL (COPPER, BRASS, ZINC, LEAD, OR TIN); 

(V) GLASS BOTTLES; AND 

(VI) PLASTICS; AND 

(2) AT WHICH: 

(I) NO MECHANICAL PROCESSING OR SHREDDING IS DONE ON 
SITE; 

(n) NO FERROUS METALS ARE ACCEPTED; AND 

■ (ffl) IF THE STATION HAS AN ATTENDANT PRESENT TO PURCHASE 

RECYCLABLE MATERIALS, NO COPPER, BRASS, TIN, ZINC, OR 
LEAD IS ACCEPTED. 

\k 

779 



Ord. 99-547 1 998- 1 999 SESSION 



Revisor's Note 

This section is new language derived without substantive 
change from Article 307§13.0-2-69d. 

Deflned terms: 

Includes: including § 1 - 1 5 2 

§1-183. Revised Code. 

"Revised Code" means the unnumbered revised articles of the City 
Code. 

Revisor's Note 

This section is new language added for clarity. See also § 1- 
125 {"City Code"}. 

§ 1-184. Roomer. 

"Roomer" .means an individual who: 

( 1 ) occupies a room with a family in a dwelling UNIT; OR 

(2) OCCUPIES A ROOMING UNIT FOR COMPENSATION. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-7 la. 

Defined terms: 

Dwelling unit §1-137 Rooming unit §1-186 

Family §1-142 

§ 1-185. ROONUNG HOUSE. 

(A) In GENERAL 

"ROOMING HOUSE" MEANS AN ESTABLISHMENT THAT: 

( 1 ) CONTAINS ROOMING UNITS FOR THE ACCOMMODATION OF 3 OR 
MORE INDIVIDUALS; AND 



780 



1 998- 1 999 Session Ord. 99-547 



(2) RENTS THESE UNITS TO INDIVIDUALS ON A DAILY, WEEKLY, OR 
MONTHLY BASIS. 

(B) Meals IRRELEVANT. 

"Rooming house" includes an establishment described in 
subsection (a) of this section, whether or not it provides meals. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-72. 

The alternative term "boarding house" is deleted for brevity. 
As indicated in new subsection (b), this article draws no 
substantive distinction between a facility that provides meals 
and one that doesn't. 

Defined terms: 

Includes; including §1-152 Rooming unit §1-186 

§ 1-186. Rooming unit. 

(A) In GENERAL 

"Rooming unit" means a room or suite of rooms in a house or 

OTHER BUELDING THAT IS RENTED AS LIVING AND SLEEPING QUARTERS, 
BUT WITHOUT COOKING FACILITIES. 

(B) Suite OF ROOMS. 

In a suite of rooms, each room that provides SLEEPING 
ACCOMMODATIONS IS COUNTED AS 1 ROOMING UNIT FOR PURPOSES OF 
THIS ARTICLE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-73. 

Defined terms: 

Building §1-121 



781 



Ord. 99-547 1 998- 1 999 Session 

§ 1-187. Service and housing center. 

(A) In GENERAL 

"Service and housing center" means a facility for the 
transmonal housing of 25 or more people. 

(B) Inclusions. 

"Service and housing center" includes a FACiLrrY described in 

SUBSECTION (A) THAT PROVIDES, AS A COMPONENT OF ITS OVERALL 
PROGRAM: 

( 1 ) COUNSELING, EDUCATION, JOB TRAINING, OR RELATED SERVICES 
AS AN ACCESSORY USE; OR 

(2) LONGER TERM HOUSING. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-73a. 

Defined terms: 

Accessory use §1-102 Includes; including §1-152 

§ 1-188. SraPYARD. 

"Shipyard" means any facility or area designed or used for the 
manufacture, assembly, or repair of ships, barges, or boats. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 3oT § 1 3.0-2-73c. 

Defined terms: 

Use §1-196 



782 



1 998- 1 999 Session Ord. 99-547 



§ 1-189. Sign. 

(A) In GENERAL. 

"Sign" means any writing (including letter, word, or numeral), 

PICTORIAL REPRESENTATION (INCLUDING ILLUSTRATION OR GRAPHIC), 
EMBLEM (INCLUDING SYMBOL OR TRADEMARK), FLAG (INCLUDING 
BANNER OR PENNANT), DEVICE, OR ANY OTHER FIGURE OF SIMILAR 
CHARACTER THAT: 

( 1 ) IS A STRUCTURE OR IS ATTACHED TO, PAINTED ON, OR IN ANY 
OTHER WAY REPRESENTED ON A BUEDING, WINDOW (INCLUDING 
ANYTHING AFFIXED TO THE INTERIOR AND DISPLAYED WITHIN 12 
INCHES OF A WINDOW), OR OTHER STRUCTURE; AND 

(2) IS USED TO ANNOUNCE, DIRECT ATTENTION, OR ADVERTISE; AND 

(3) IS VISIBLE FROM OUTSIDE A BUEDING. 

(B) Exclusions. 

"Sign" does not include any writing, representation, emblem, 

FLAG, device, OR OTHER RGURE OF SIMILAR CHARACTER THAT IS 
WHOLLY WITHIN A BUILDING, EXCEPT AS OTHERWISE SPECIFIED IN 
SUBSECTION (A)(1) OF THIS SECTION. 

(c) Types OF SIGNS. 

The specific types of signs are as described in § 1 1-101 {"Sign 
regulations: definitions"} of this article. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-74. 

In subsection (b) of this section, a reference to the later- 
enacted exception in subsection (a)(1) for certain interior 
signs is added for clarity and consistency. 

Subsection (c) is added to provide a cross-reference to the 
various sign-related definitions that have been transferred to 
Title 1 1 of this article. 

DeOned terms: 

Building §1-121 Structure §1-193 

Includes; including § 1 - 1 5 2 

783 



Ord. 99-547 1 998- 1 999 SESSION 

§ 1-190. Street. 

"Street" means any way that: 

( 1 ) IS open to common USE; and 

(2) AFFORDS THE PRINCIPAL MEANS OF VEHICULAR ACCESS TO 
ADJOINING OR ADJACENT PROPERTY. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-89. 

Deflned terms: 

Adjacent §1-103 Adjoining §1-104 

§ 1-191. Street LINE. 

"Street line" means a street right-of-way line that coincides with a 

LOT line. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §1^3.0-2-90. 

Defined terms: 

Lot line §1-156 Street §1-190 

§1-192. Structural alteration. 

"Structural alteration" means: 

( 1 ) a change in the permanent physical members of a structure, 
such as bearing walls, columns, beams, or girders; or 

(2) any substantial change in the roof or in the exterior walls. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30. §13.0-2-91. 



784 



1 998- 1 999 Session Ord. 99-547 

Defined terms: 

Structure §1-193 

§ 1-193. Structure. 

(A) In GENERAL 

"Structure" means all or any part of anything erected that: 

( 1 ) has a fixed location on the ground; or 

(2) is attached to something having a fixed location on the 

GROUND. 

(B) Inclusions. 

"Structure" includes any building, fence, wall, sign, or tower. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-92 and, as to the phrase "or 
any part of, §13.0-1-3. 

Defined terms: 

Building §1-121 including §1-152 

Erect §1-140 Sign §1-189 

Includes; 

§ 1-194. Substance abuse treatment center. 

"Substance abuse treatment center" means a facility that provides 
and represents or advertises itself as providing: 

(1) nonresidential counseling, treatment, care, medication, or 
rehabilitation for individuals who show the effects of 
substance abuse; or 

(2) transportation of individuals for the purpose of substance 
treatment, care, medication, or rehabilitation. 



785 



Ord. 99-547 1 998- 1 999 SESSION 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-25a. 

Throughout this section, the term "substance abuse" is 
substituted for "drug abuse" to encompass, in accordance 
with administrative understanding and practice, alcoholism 

In item (1) of this section, "nonresidential" is added to 
clarify the distinction between these facilities and, e.g., 
"homes for the rehabilitation of... alcoholic persons". 

§1-195. Travel TRAILER. 

"Travel TRAILER" means a vehicular, portable structure that is: 

( 1 ) built on a chassis and designed as a temporary dwelling for 

TRAVEL, recreational, OR VACATION USES; OR 

(2) PERMANENTLY IDENTIFIED "TRAVEL TRAILER" BY THE 
MANUFACTURER. 

Revisor's Note 

This section is new language derived from Article 30, §13.0- 
2-93. It is organized to clarify that provisions in items (1) 
and (2) are independent, not coordinate requirements. 

Defined terms: 

Dwelling §1-136 Use §1-196 

Structure §1-193 



§ 1-196. Use. 

(A) In GENERAL 

"Use" MEANS: 

( 1 ) ANY PURPOSE FOR WHICH A BUILDING, OTHER STRUCTURE, OR 
TRACT OF LAND CAN BE USED OR OCCUPIED; AND 

(2) ANY ACTIVITY, OCCUPATION, BUSINESS, OR OPERATION THAT IS 
CARRIED ON OR INTENDED TO BE CARRIED ON IN A BUILDING OR 
OTHER STRUCTURE OR ON A TRACT OF LAND. 



786 



1998-1999 Session Ord. 99-547 



(B) Types OF USE. 

The specific types of use are as described in Title 3, Subtitle 1 
{"Use Regulations"} of this article. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-94. 

Subsection (b) is added to provide a cross-reference to the 
various use-related definitions that have been transferred to 
Title 3 of this article. 

Defined terms: 

Building §1-121 Structure §1-193 

§ 1-197. Wholesale establishment. 

"Wholesale establishment" means a business establishment that is 
engaged in selling goods, merchandise, or commodities to retailers 
and others for resale, regardless of whether retail sales are made 
in addition to wholesale sales. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-99. 

Defined terms: 

Business establishmen t § 1 - 1 22 



§ 1-198. Yard (required). 

(a) In general. 

"Yard", when used with respect to required yards, means the 

SPACE on a lot that, EXCEPT ONLY FOR THE OBSTRUCTIONS PERMITTED 
BY § 3-209 {"PROJECTIONS AND OBSTRUCTIONS INTO REQUIRED YARDS"} 
OF THIS ARTICLE AND THE APPLICABLE DISTRICT REGULATIONS, IS OPEN 
AND UNOBSTRUCTED FROM GROUND LEVEL TO THE SKY. 



787 



Ord. 99-547 1 998- 1 999 Session 

(B) Types of yards. 

The following are the types of yards: 

( 1 ) Front yard: a yard that extends along the full length 
of a front lot line and back to a line drawn parallel 
with that front lot line at a distance equal to the 
required front yard. 

(2) Interior side yard: a side yard that adjoins: 

(i) another lot; or 

(ii) an alley separating the side yard from another 

LOT. 

(3) Rear yard: a yard that extends along the full length of 

A rear lot line and back to a LINE DRAWN PARALLEL WITH 

that rear lot line at a distance equal to the required 
rear yard. 

(4) Side yard: a yard that extends along a side lot line to a 
line drawn parallel with that side lot line at a distance 
equal to the required side yard. 

(5) Street corner side yard: a side yard that adjoins a 

STREET. 

Revisor's Note 

This section is new language that combines without 
substantive change the various related definitions in Article 
30, §13.0-2-100 through 105. 

In subsection (a) of this section, the introductory reference 
to "required yards" is added for clarity; the former adjective 
"unoccupied" is deleted as unnecessary in light of the phrase 
"open and unobstructed"; and the phrase "from ground 
level" is substituted for "from its lowest level", to conform 
to the usage in substantive provisions such as former §4.0- 
2bl. 

Defined terms: 

Adjoining §1-104 Lot line §1-156 

AUe\ §1-108 Street §1-190 

Lot §1-154 



788 



1 998- 1 999 Session Ord. 99-547 



General Revisor's Note to Subtitle 

In revising this subtitle, a number of definitions with limited 
applicability have been moved to the specific title, subtitle, 
or section to which they apply. In alphabetical order: 

Bujfer §8-301 

Carriage house §4- 1 06 

Critical Area §8-301 

Critical Area Mgmt Program §8-301 



Derelict vehicle 


§3-107 


Development 


§8-301 


Expressway 


§11-206 


Flood plain 


§8-201 


Governmental use 


§8-101 


Parking space 


§10-101 


Roof line 


§11-101 


Sign [types] 


§11-101 


Significant development 


§8-301 


Stacking space 


§10-101 


Unlicensed vehicle 


§3-107 


Water-dependent facilities 


§8-301 



In addition, a few definitions have been deleted and their 
provisions incorporated into the appropriate substantive text. 
In alphabetical order: 



Approximated fiood plain 


§8-203 


Building, maximum height 


§1-307 


Bulk regulations 


§3-201 


Coastal hazard zone 


§8-203 


Development area 


§8-304 


Floodway 


§8-203 


Floodway fringe 


§8-203 


Floor area, for FAR 


§1-302 


Floor area, for parking 


§10-401 


Gross floor area 


§1-304 


Habitat protection area 


§8-301(0 


Harbor flood zone 


§8-203 


Hazardous material 


§7-408 


Lot of record 


§3-306(d) 


Net site area 


§9-123 


Shallow flood zone 


§8-203 


Sign, area of 


§11-203 


Sign, height of 


§11-204 


Use [types] 


§3-101 etseq. 



r 



Finally, several definitions are deleted without substitution, 
because they are simply redundant of existing substantive 
provisions, they define terms never used, or they are 
otherwise unnecessary. In alphabetical order: 



789 



Ord. 99-547 1 998- 1 999 SESSION 



Business District — Unnecessary 

Da\ care center, group — Unnecessary; see Reviser's Note to §1- 

132 

Industrial district — Unnecessary 

Office-Residence District — Unnecessary 
Open water view 

protection area — Never used 

Performance standards — Redundant of substance 

Planned development — Redundant of substance 
Recreational boat 

anchorage areas — Never used 

Residence district — Unnecessary 



Subtitle 2. Rules of Construction 

§ 1-201. In GENERAL. 

In INTERPRETING AND APPLYING THIS ARTICLE, THE FOLLOWING RULES OF 

construction apply. 

Revisor's Note 

This section is new language derived from the introductory 
clause of Article 30, §13.0-1. 

§1-202. Article NOT A PERMIT. 

NOTHING IN THIS ARTICLE MAY BE TAKEN TO BE A CONSENT, LICENSE, OR 
PERMIT TO: 

(1) USE ANY PROPERTY; 

(2) LOCATE, ERECT, OR MAINTAIN ANY STRUCTURE OR FAdLITY; OR 

(3) CARRY ON ANY TRADE, INDUSTRY, OCCUPATION, OR ACTIVITY. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30. §2.0- Id. 

Defined terms: 

Erect §1-140 No ... max c/ §1-211 

Structure §1-193 Use §1-196 



790 



1 998- 1 999 Session Ord. 99-547 

§ 1-203. {Reserved} 
§ 1-204. (Reserved) 
§ 1-205. Captions or headings. 

The captions or headings of the various sections and subsections: 

( 1 ) ARE FOR convenience OF REFERENCE ONLY, INTENDED TO 
SUMMARIZE THE STATUTORY PROVISIONS THAT FOLXOW; AND 

(2) ARE NOT LAW AND ARE NOT TO BE TAKEN AS AFFECTING THE 
MEANING OR EFFECT OF THE LAW. 

Revisor's Note 

This section is new language patterned after the rule stated 
in Charter Article I, §2(m), and State Code Article 1, §18. 

§ 1-206. Conflicting provisions. 

(A) Article SETS MINIMUM REQUIREMENTS. 

In their INTERPRETATION AND APPLICATION, THE PROVISIONS OF THIS 
ARTICLE ARE INTENDED AS THE MINIMUM REQUIREMENTS FOR THE 
PROMOTION OF THE PUBLIC HEALTH, SECURITY, GENERAL WELFARE, AND 
MORALS. 

(B) Most restrictive provision governs. 

If ANY CONDITION IMPOSED BY A PROVISION OF THIS ARTICLE IS EITHER 
MORE OR LESS RESTRICTIVE THAN A COMPARABLE CONDITION IMPOSED 
BY ANY OTHER PROVISION OF THIS ARTICLE OR BY ANY OTHER LAW, RULE, 
OR REGULATION OF ANY KIND, THE CONDITION THAT IS THE MORE 
RESTRICTIVE GOVERNS. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §2.0- la and lb. 

§ 1-207. Gender. 

Words denoting one gender apply to the other genders as well. 



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Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 

This section is new language patterned after the rule stated 
in Charter Article I, ^limXl"^ cl.), and State Code Article 1, 

§7. 

§ 1-208. iN^fex Table of Uses. 

The Index Table of Uses accompanying this article: 

( 1 ) IS for convenience of reference only, intended as a guide to 
THIS article; and 

(2) IS NOT LAW and IS NOT TO BE TAKEN AS AFFECTING THE MEANING OR 
EFFECT OF THE LAW. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §2.0- If. 

§ 1-209. {Reserved} 

§ 1-210. {Reserved} 

§ 1-211. Mandatory, PROfflBiTORY, AND PERMISSIVE TERMS. 

(A) Mandatory TERMS. 

"Must" and "shall" are each mandatory terms used to express a 
requirement or to impose a duty. 

(B) Prohibitory TERMS. 

"Must not", "may not", and "no ... may" are each mandatory 
negative terms used to establish a prohibition. 

(c) Permissive TERMS. 

"May" is permissive. 

Revisor's Note 

This section is new language derived in part from Article 30, 
§ 1 3.0- 1 -2 and revised to reflect the growing preference 
among careful writers for "must" (which is used exclusively 
in this revision) over the oft-misused "shall". 



792 



1 998- 1 999 Session Ord. 99-547 



§ 1-212. Number. 

The singular includes the plural and vice versa. 

Revisor's Note 

This section is new language derived without substantive 
change from the T^ clause of Article 30, §13.0-1-1. 

§ 1-213. {Reserved} 

§ 1-214. References to other laws. 

Whenever a provision of this article refers to any part of the City 
Code or to any other law, the reference applies to any subsequent 
amendment of the law referred to, unless the referring provision 
expressly provides otherwise. 

Revisor's Note 

This section is new language patterned after the rule in State 
Code Article 1, §21. In light of this definition, phrases Hke 
"as amended, from time to time" are deleted throughout this 
article as superfluous. 

Defined terms: 
City Code §1-125 

§ 1-215. Revisor's Notes. 

The Revisor's Notes following the various sections and 
subsections, including the accompanying usts of defined terms: 

( 1 ) are for convenience of reference only, intended to identify 
the sources of these provisions and highlight changes made 
to those sources; and 

(2) are not law and are not to be taken as affecting the 
meaning or effect of the law. 

Revisor's Note 

This section is new language patterned after the rule stated 
in Acts of the General Assembly that have enacted revised 



793 



Ord. 99-547 1 998- 1 999 SESSION 

articles of the Maryland Code. C/, e.g.. Section 10 of Chapter 10, Laws of 
Maryland 1993. 

§ 1-216. Severability. 

(A) In GENERAL 

Except as specified in subsection (b) of this section: 

( 1 ) ALL provisions OF THIS ARTICLE ARE SEVERABLE; AND 

(2) IF A COURT DETERMINES THAT A WORD, PHRASE, CLAUSE, 
SENTENCE, PARAGRAPH, SUBSECTION, SECTION, OR OTHER 
PROVISION IS INVALID OR THAT THE APPLICATION OF ANY PART 
OF THE PROVISION TO ANY PERSON OR CIRCUMSTANCES IS 
INVALID, THE REMAINING PROVISIONS AND THE APPLICATION OF 
THOSE PROVISIONS TO OTHER PERSONS OR CIRCUMSTANCES ARE 
NOT AFFECTED BY THAT DECISION. 

(B) Exceptions. 

Subsection (a) of this section does not apply: 

( 1 ) TO THE extent THAT A STATUTE SPECIFICALLY PROVIDES 
OTHERWISE; OR 

(2) IF THE COURT FINDS THAT THE REMAINING PROVISIONS ALONE 
ARE INCOMPLETE AND INCAPABLE OF BEING EXECUTED IN 
ACCORDANCE WITH THE LEGISLATIVE INTENT. 

Revisor's Note 

This section is new language in part derived from Article 30, 
§2.0-3 and in part patterned after the similar rule in State 
Code Article 1,§23. 

Defined terms: 

Person §1-174 

§ 1-217. Time COMPUTATIONS. 

(A) Computation of time after an act, event, or default. 



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1 998- 1 999 Session Ord. 99-547 



( 1 ) In computing any period of time prescribed by this article, 
the day of the act, event, or default after which the 
designated period of time begins to run is not included. 

(2) If the period of time allowed is more than 7 days, 
intermediate saturdays, sundays, and legal holidays are 

COUNTED. 

(3) If the period of time allowed is 7 days or less, intermediate 
Saturdays, Sundays, and legal holidays are not counted. 

(4) The last day of the period so computed is included unless it 
IS A Saturday, Sunday, or legal holiday, in which event the 

PERIOD runs until THE END OF THE NEXT DAY THAT IS NOT A 

Saturday, Sunday, or legal holiday. 
(B) Computation of time before a day, act, or event. 

( 1 ) In determining the latest day for performing an act that is 
required by this article to be performed a prescribed 
number of days before a certain day, act, or event, all days 
preceding that day, including intervening saturdays, 
Sundays, and legal holidays, are counted in the number of 

DAYS so prescribed. 

(2) The latest day is included in the determination unless ms a 
Saturday, Sunday, or legal holiday, in which event the 
latest day is the first preceding day that is not a saturday, 
Sunday, or legal holiday. 

Revisor's Note 

This section is new language patterned after the rule in 
Maryland Rule of Civil Procedure 1-203. 

§ 1-218. 'OJSED" OR "OCCUPIED". 

Whenever the word "used" or "occupied" is used, it is to be 
construed as though followed by the phrase "or arranged, 
intended, or designed to be used/occupied". 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-1-7. 



795 



Ord. 99-547 1 998- 1 999 Session 



General Revisor's Note to Subtitle 

In revising this subtitle, the following provisions of Article 
30 have been deleted as unnecessary: 

§ 1 3.0- 1 - 1 ( 1" clause) (governing tense). 

§13.0-1-4 (defining "City"). 

Subtitle 3. Measurements and Computations 

§ 1-301. In GENERAL. 

In taking measurements and making computations under this 
article, the following rules apply. 

Revisor's Note 

This section is new language added for clarity and 
consistency. 

§ 1-302. FLOOR AREA, FOR DETERMINING FLOOR AREA RATIO. 

(A) In GENERAL 

For DETERMINING FLOOR AREA RATIO, THE FLOOR AREA OF A STRUCTURE 
IS THE SUM OF THE AREA OF ALL FLOORS OF THE STRUCTURE, MEASURED 
FROM THE OUTSIDE FACES OF EXTERIOR WALLS OR FROM THE 
CENTERLINES OF PARTY WALLS. 

(B) Floor AREAS INCLUDED. 

Floor areas devoted to the following uses are included in the 
computation: 

(1) the basement; 

(2) storage space; 

(3) elevator shafts and interior stairwells; 

(4) lobbies and common corridors; 

(5) except for those located on roofs, mechanical 
equipment (such as bulkheads and cooling towers), 
whether open or enclosed; 



796 



I 



1 998- 1 999 Session Ord. 99-547 

(6) interior balcones and mezzanines; 

(7) penthouses; 

(8) attic space having a head room of 8 feet or more; 

(9) enclosed porches; and 

(10) accessory uses. 

(c) Space EXCLUDED. 

Space permanently devoted to off-street parking or loading 
facilmes is not included in the computation. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-38. 

DeGned terms: 

Accessory use §1-102 Structure §1-193 

Includes; including §1-152 Use §1-196 

1-303. Floor AREA RATIO. 

(A) Determination. 

The floor area ratio ("FAR") of a structure on a lot is 
determined by dividing the total floor area within the 
structure by the area of the lot. 

(B) APPUCATION. 

The far designated for a district, when multiplied by the lot 
area in square feet, determines the maximum permissible floor 
area for the principal structure and all accessory structures 
on the lot. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-40. 



797 



Ord. 99-547 1 998- 1 999 Session 



Defined terms: 



Accessory structure § 1 - 1 02 Principal structure § 1 - 1 77 

Lot §1-154 Structure §1-193 



§ 1-304. Gross floor area. 

For determining the maximum gross floor area for certain uses, the 
gross floor area is the sum of the area of each floor or part of a 
floor that is devoted to the use in question, excluding space 
permanently devoted to off-street parking or loading fadlities. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-42. 

Defined terms: 

Use §1-196 



§ 1-305. {Reserved} 

§ 1-306. distances. 

Unless otherwise specified, all distances are measured 
horizontally. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-1-8. 

§ 1-307. Building HEIGHTS. 

For purposes of determining compliance with height limitations, the 

HEIGHT of a building IS DETERMINED BY MEASURING THE VERTICAL 

distance: 



(1) FROM: 

(I) THE MEAN CURB LEVEL; OR 



798 



1 998- 1 999 Session Ord. 99-547 



(n) IF THE WALLS OF A BUILDING ARE NOT ADJACENT TO A 

STREET CURB, THE AVERAGE ELEVATION OF THE GROUND 
ADJOINING THE WALLS; 



(2) TO: 

(I) IN THE CASE OF FLAT ROOFS, THE HIGHEST POINT OF THE 
ROOF ADJACENT TO THE STREET WALL; OR 

(n) IN THE CASE OF PITCHED ROOFS, THE MEAN HEIGHT LEVEL 
OF THE ROOF. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2- 11. 

For the rules governing the measurement of sign heights, see 
§11-204 of this article. 

Defined terms: 

Adjacent §1-103 Building §1-121 

Adjoining §1-104 Street §1-190 



Subtitle 4. Purposes; Short Title 
§ 1-401. Purposes of article. 

This article is intended to serve the following purposes: 

( 1 ) to lessen congestion in the streets; 

(2) to secure safety from fire, panic, and other dangers; 

(3) to promote health and the general welfare; 

(4) to provide adequate light and air; 

(5) to prevent the overcrowding of land; 

(6) to avoid undue concentration of population; 

(7) to faclitate adequate provision of transportation, water, 
sewerage, schools, parks, and other public requirements; 



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Ord. 99-547 1 998- 1 999 SESSION 



(8) TO CONSERVE THE VALUE OF BUILDINGS AND OTHER STRUCTURES; 

(9) TO ENCOURAGE THE MOST APPROPRIATE USE OF LAND THROUGHOUT 
THECFTY; AND 

( 1 0) TO DIVIDE THE CiTY INTO ZONING DISTRICTS OF THE CHARACTER, 
NUMBER, SHAPE, AND AREA BEST SUITED TO EFFECT THESE 
PURPOSES. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, § 1 .0-2. 

Defined terms: 

Building §1-121 Structure §1-193 

Street §1-190 Use §1-196 



§1-402. Short TITLE. 

This article, together with the zoning maps adopted under it, may be 
cited as the "zoning code of baltimore city". 

Revisor's Note 

This section is new language derived from Article 30, §1.0- 
1. 

The term "Zoning Code" is substituted for the somewhat 
archaic "Zoning Ordinance" for clarity. Over the years, any 
number of ordinances are enacted to amend the zoning law, 
rendering such commonly-used phrases as "this ordinance" 
ambiguous and, sometimes, wholly undecipherable. 

Defined terms: 

May c/. §1-211 



Title 2 
Administration; Authorizations 

Subtitle 1. General Administration 

Part I. Overview 



800 



1 998- 1 999 Session Ord. 99-547 

§ 2-101. Administrative entities. 

The administration of this article is vested in the following: 

( 1 ) the Ofrce of Zoning Administrator ; 

(2) THE Board of Municipal and Zoning Appeals ; and 

(3) THE Planning Commission. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1 '' sentence of Article 30, § 11 .0- 1 . The 2"** 
sentence, which outlines the provisions that follow, is 
deleted as inapplicable to this revision. 

§2-102. {Reserved} 

Part II. Zoning Administrator 

§2-103. Office ESTABLISHED. 

(A) In GENERAL 

The Office of Zoning Administrator is established. 

(B) Executive HEAD. 

The Zoning Administrator is the executive head of the Ofhce, in 
accordance with classified civil service procedures and 
requirements. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1" and 2"** sentences of Article 30, § 1 1 .0- 
2a. 

§2-104. Employees. 

Employees of the Zoning Administrator may be appointed as 
authorized by the ordinance of estimates. 



801 



Ord. 99-547 1 998- 1 999 SESSION 



Revisor's Note 

This section is new language derived without substantive 
change from the 3"^ sentence of Article 30, §1 1.0- 2a. 

Defined terms: 

May c/ §1-211 



§2-105. Duties. 

(A) In GENERAL 

The Zoning Administrator administers and enforces this 

ARTICLE. 

(B) Specific DUTIES. 

In addition to and in furtherance of that responsibility, the 
Zoning Administrator has the duty to: 

( 1 ) issue zoning authorizations, use permits, and transfer 
certificates; 

(2) initiate inspections of structures and uses of land to 
determine compliance with this article and, where 
there are violations, initiate action to secure 
compliance; 

(3) maintain permanent records of this article and of all 
actions taken under it, including: 

(i) all maps adopted under this article; 

(ii) all amendments to this article and to the maps 
adopted under it; 

(iii) the rules of practice and procedure of the 
Board; 

(iv) applications for and issuances of zoning 
authorizations, use permits, and transfer 
certificates; 



802 



1 998- 1 999 Session Ord. 99-547 



(V) APPLICATIONS FOR AND APPROVALS OF CONDITIONAL 
USES AND VARIANCES; AND 

(VI) APPEALS TAKEN UNDER THIS ARTICLE; 

(4) RECORD DISTRICT AMENDMENTS AND PLANNED UNIT 
DEVELOPMENTS ON THE ZONING MAPS; 

(5) MAINTAIN ALL RECORDS FROM THE ADMINISTRATION OF THE 
ZONING LAW SINCE ITS ENACTMENT BY ORDINANCE 3 1-1247; 

(6) PROVIDE AND MAINTAIN A PUBLIC INFORMATION SERVICE ON 
MATTERS ARISING OUT OF THIS ARTICLE; 

(7) RECEIVE, FILE, AND FORWARD TO THE BOARD APPLICATIONS FOR 
CONDITIONAL USES, VARIANCES, APPEALS, AND OTHER MATTERS 
ON WHICH THE BOARD IS REQUIRED TO ACT; 

(8) MAINTAIN COPIES OF THE BOARD' S DETERMINATIONS ON 
CONDITIONAL USES, VARIANCES, APPEALS, AND OTHER MATTERS 
ON WHICH THE BOARD IS REQUIRED TO ACT; 

(9) DETERMINE USE, LOT, AND BULK REGULATIONS IN SPECIHC 
INSTANCES, AS AUTHORIZED BY THIS ARTICLE; 

(10) ISSUE PERMITS FOR ADDITIONAL INDUSTRIAL USES IN AN M-2 
DISTRICT; 

(11) FROM TIME TO TIME, INITIATE A STUDY OF THIS ARTICLE AND 
REPORT HIS OR HER RECOMMENDATIONS TO THE CiTY COUNCIL, 

THE Board, the Commissioner of Housing and Community 
Development, and the Planning Commission; 

( 1 2) periodically provide for publication of this ARTICLE; 
AND 

(13) perform all other duties imposed on the zoning 
Administrator by this article. 

Revisor's Note 

This section is new language derived from the Article 30, 
§11.0-2b. 

In subsection (b)(3)(v), (7), and (8) of this section, former 
references to "special exceptions" are deleted. See General 
Revisor's Note to Title 15 of this article. 



803 



Ord. 99-547 1 998- 1 999 SESSION 



In subsections (b)(1) and (3)(iv) of this section, "use 
permits" and "transfer certificates" are substituted for the 
former reference to "occupancy certificates and permits". 
See Revisor's Notes to §§2-402 and 2-502 of this title. 

In subsection (b)(l 1) of this section, the requirement for 
reports "not less frequently than annually" is deleted as 
inconsistent with the predicate "from time to time". 

In subsection (b)(12) of this section, the direction to 
periodically "publish" this article is revised to reflect long- 
standing practice by which the article is published by others 
with the Administrator's assistance. Also, direction to 
"publish" the zoning maps is deleted as obsolete. These 
maps, while available for public inspection, have never been 
published for dissemination, and it would be impractical to 
do so. 

The provisions of former §1 1.0-2b(13), calling on the 
Administrator to "assist the City Solicitor" in preparing 
proposed amendments to this article, are deleted as obsolete. 
For some time now, bill drafting has been the responsibility 
of the Department of Legislative Reference. 

Defined terms: 

Board §1-118 Structure §1-193 

Includes: including §1-152 Use §1-196 

Lot §1-154 



§ 2-106. {Reserved} 

§ 2-107. {Reserved} 

§ 2-108. {Reserved} 

Part III Board of Municipal and Zoning Appeals 

§2-109. Board ESTABLISHED. 

There is a Board of Municipal and Zoning Appeals, as estabushed in 
Article VII, §§81 and 82 of the City Charter. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, § 1 1 .0-3a. 



804 



1 998- 1 999 Session Ord. 99-547 



§ 2-110. Jurisdiction and authority — in general. 

The Board has the jurisdiction and authority to: 

( 1 ) hear and decide, in the manner prescribed by and subject to 

THE standards ESTABLISHED IN THIS ARTICLE, APPLICATIONS FOR 
CONDITIONAL USES AND VARIANCES; 

(2) HEAR AND DECIDE APPEALS FROM ANY ORDER, REQUIREMENT, 
DECISION, OR DETERMINATION OF THE ZONING ADMINISTRATOR 
UNDER THIS ARTICLE; 

(3) HEAR AND DECIDE ALL MATTERS REFERRED TO IT OR ON WHICH IT IS 
REQUIRED TO ACT UNDER THIS ARTICLE; AND 

(4) REVIEW ALL PROPOSED AMENDMENTS TO THIS ARTICLE AND REPORT 
ITS FINDINGS AND RECOMMENDATIONS TO THE CiTY COUNCIL. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §1 1.0-3bl through 3b6. 

In item (1) of this section, the former reference to a "special 
exception" is deleted. See General Revisor's Note to Title 
15 of this article. 

Defined terms: 

Board §1-118 



§ 2-111. Jurisdiction and authority — rules and regulations. 

(A) In GENERAL 

The Board may adopt rules and regulations: 

( 1 ) for the conduct of its proceedings; and 

(2) as otherwise directed or authorized in this article. 



805 



Ord. 99-547 1 998- 1 999 Session 



(B) FlUNG. 

a copy of all rules and regulations must be filed with the 
Department of Legislative Reference before they may take 

EFFECT. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §1 1.0-3b8, and the 5^^ through T'^ 
sentences of 1 1.0-3 f. 

The requirement that these rules and regulations be filed in 
the Board's own office as "public records" is incorporated in 
§2-1 16 of this subtitle. 

Subsection (b) of this section is clarified to indicate that 
filing with Legislative Reference is a prerequisite to a rule or 
regulation's taking effect. See generally Charter Article VII, 
§92. Cf. also Article 15, §92A-9 (former Article 30, §1 1.0- 
2h8 and 2h9), delaying the effectiveness of certain zoning- 
related regulations until 7 days after filing with Legislation 
Reference. 

The provisions of § 1 1 .0-3b7, relating to rules for Additional 
Industrial Uses, are deleted as unnecessary in light of 
subsection (a)(2) of this section and the specific provisions 
of §7-309(c) of this article to the same effect. 

Defined terms: 

Board §1-118 Must 0/1-211 

May c/ 1-211 



§ 2-112. Copies to Administrator. 

The Board must provide the Zoning Administrator with copies of all 
matters acted on by the board, including: 

( 1 ) all orders, requirements, decisions, determinations, rules, 
and regulations; and 

(2) all other information necessary for the proper 
administration and enforcement of this article. 



806 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §11.0-359. 

Defined terms: 

Board §1-118 

Includes; including §1-152 

Must c/. §1-211 



2-113. Meetings. 

(A) When HELD. 

Meetings of the Board are held at the call of the chair and at 
any other time that the board determines by general rule. 

(B) Minutes. 

The Board must keep minutes of all its proceedings, indicating: 

(1) the members present; and 

(2) on each question, how each member voted or that the 
member was absent or failed to vote. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1" and 3"* sentences of Article 30, §1 1.0-3f. 

Defined terms: 

Board §1-118 Must c/ §1-211 

2-114. Public hearings. 

(A) Scheduling, notices, decision. 
The Board must: 

( 1 ) FDC A reasonable TIME AND PLACE FOR THE PUBLIC HEARING 
OF AN APPLICATION, APPEAL, OR OTHER MATTER; 

(2) GIVE NOTICE OF THE HEARING TO THE PARTIES IN INTEREST; 

807 



Ord. 99-547 1 998- 1 999 SESSION 



(3) GIVE PUBLIC NOTICE OF THE HEARING; AND 

(4) DECIDE THE MATTER WITHIN A REASONABLE TIME AFTER THE 
HEARING. 

(B) Oaths AND WITNESSES. 

The chair or acting chair of the Board may administer oaths 

AND compel the ATTENDANCE OF WITNESSES. 

(c) Attendance BY PARTIES. 

At the hearing, any party may: 

( 1 ) appear in PERSON, BY AGENT, OR ATTORNEY; AND 

(2) TESTIFY AS TO ANY MATERIAL FACTS. 

(D) Hearings TO BE PUBLIC. 

All HEARINGS OF THE BOARD MUST BE OPEN TO THE PUBLIC. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"^ sentence of Article 30, § 1 1 .0-3f and 
§11.0-3g. 

Defined terms: 

Board §1-118 Must c/ 1-211 

May c/ 1-211 

§2-115. Voting. 

The NUMBER OF VOTES SPECIFIED IN STATE CODE ARTICLE 66B IS REQUIRED 

FOR THE Board to: 

( 1 ) REVERSE ANY ORDER, REQUIREMENT, DECISION, OR DETERMINATION 

OF THE Zoning Administrator; or 

(2) DECIDE IN FAVOR OF THE APPLICANT ON ANY MATTER ON WHICH IT IS 
REQUIRED TO PASS UNDER THIS ARTICLE. 



808 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 



This section is new language derived without substantive 
change from the S^ sentence of Article 30, §1 1.0-3f. See 
also Article VII, §83(c) of the City Charter. 

Defined terms: 

Board §1-118 



§ 2-116. Public records. 

The Board's rules and regulations, the minutes of its proceedings, 

AND all other RECORDS OF THE BOARD MUST BE KEPT AT THE OFHCE OF THE 

Board as public records. 

Revisor's Note 

This section is new language derived without substantive 
change from the 4"^ sentence of Article 30, §1 1.0-3f, and, as 
to rules and regulations, the 6*^ sentence of that section. 

Defined terms: 

Board §1-118 Must cf. 1-211 



2-117. {Reserved} 
2-118. {Reserved} 
2-119. {Reserved} 

Part IV. Planning Commission 
2-120. Commission established. 

There is a Planning Commission, as estabushed by Article vn, §§70 

AND 71 OF THE CiTY CHARTER. 



809 



Ord. 99-547 1 998- 1 999 SESSION 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30. §11.0-4a. 

§2-121. Jurisdiction AND AUTHORITY. 

The Planning Commission has the jurisdiction and authority to: 

( 1 ) ON request, provide for informational conferences with 

ANY applicant BEFORE THE INTRODUCTION OF A BELL RELATING TO 
A CONDITIONAL USE OR CHANGE IN ZONING DISTRICT; 

(2) REVIEW ALL PROPOSED AMENDMENTS TO THIS ARTICLE AND REPORT 
ITS FINDINGS AND RECOMMENDATIONS TO THE CiTY COUNCIL; 

(3) WITH RESPECT TO ALL CiTY COUNCIL BILLS PROPOSING AN ADULT- 
ENTERTAINMENT BUSINESS AS A CONDITIONAL USE: 

(I) INVESTIGATE THE DISTANCE BETWEEN THE PROPOSED USE 
AND EXISTING ADULT-ENTERTAINMENT BUSINESSES IN THE 
AREA, TO DETERMINE IF THERE WELL BE A NEGATIVE IMPACT 
ON THE COMMUNITY WILL RESULT : 

(II) CONSEDER THE RELATIONSHIP OF THE PROPOSED USE TO 
RESIDENCES, EDUCATIONAL INSTITUTIONS (INCLUDING 
COLLEGES AND UNIVERSITBES), AND RELIGIOUS 
INSTITUTIONS WITHDSl 300 FEET, AND DETERMINE THAT THE 
ADULT USE WILL NOT IMPAIR PUBLIC SAFETY OR THE 
GENERAL WELFARE; 

(in) REVEEW THE WRITTEN APPUCATION AND ALL ATTACHED 
DOCUMENTS; AND 

(IV) PROMPTLY SUBMIT ITS FINDINGS TO THE ClTY COUNCIL; 
AND 

(4) REVIEW EACH RECYCLING COLLECTION STATION ANNUALLY AND 
FORWARD A WRITTEN REPORT OF THIS REVEEW TO THE BOARD. 



810 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §1 1.0-4bl, 4b2, 4b4, and 4b6. 

The Zoning Article Review Committee calls to the Council's 
attention that item (3)(i) uses the phrase "determine if, 
while item (3)(ii) uses the substantively different phrase 
"determine that". The Committee is uncertain whether the 
distinction was deliberate. 





Defined terms: 


Adult 




§1-105 


Adult-entertainment 




business 




§1-106 


Board 




§1-118 



Includes; including § 1 - 1 5 2 

Must c/ §1-211 

Recycling collection station § 1 - 1 82 
Use §1-196 



§ 2-122. Copies to Board and Administrator. 

The Planning Commission must provide the Board and the Zoning 
Administrator with copies of: 

( 1 ) ALL amendments TO THE MASTER PLAN ; AND 

(2) ALL OTHER INFORMATION NECESSARY FOR THE PROPER 
ADMINISTRATION AND ENFORCEMENT OF THIS ARTICLE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §1 1.0-4b5. 

Defined terms: 

Board §1-118 

Master Plan §1-160 



Must c/ 1-211 



General Revisor's Note to Subtitle 

In revising this subtitle, Article 30, §1 1.0-4b3, dealing with 
reports and recommendations to the Board on conditional 



811 



Ord. 99-547 1 998- 1 999 SESSION 

use applications, has been deleted as obsolete. For many 
years now, that function has been performed by the 
Department of Planning. See also §§14-202 and 14-203. 

Subtitle 2. Zoning Districts; Maps and Profiles 
§ 2-201. Establishment of districts. 

(A) In GENERAL 

In order to carry out the purposes of this article, Baltimore 
City is divided into zoning districts, as listed in this section and 
located on the zoning maps, flood plain overlay maps, and 
flood profiles adopted under this article. 

(B) Residence Districts. 

R- 1 Single-Family Residence District 

R- 1 A Single-Family Residence District 

R- 1 B Single-Family Residence District 

R-2 General Residence District 

R-3 Single-Family Residence District 

R-4 General Residence District 

R-5 General Residence District 

R-6 General Residence District 

R-7 General Residence District 

R-8 General Residence District 

R-9 General Residence District 

R- 1 General Residence District 

(c) Office-Residence District. 

0-R Office-Residence District 

(d) Business Districts. 

B- 1 Neighborhood Business District 

B-2 Community Business District 

B-3 Community Commercial District 

B-4 Central Business District 

B-5 Central Commercial District 



812 



1 998- 1 999 Session Ord. 99-547 

(E) Industrial Districts 

M- 1 Industrial District 
M-2 Industrial District 
M-3 Industrial District 

(F) PuBuc Use Overlay Districts. 

Suffix "P" added to existing zoning classification 

(G) Flood Plain Overlay Districts 

Fl Floodway 

F2 Floodway Fringe 

F3 Approximated Flood Plain 

HFZ Harbor Flood Zone 

SFZ Shallow Flood Zone 

CHZ Coastal Hazard Zone 

(H) Critical Area O verla y District 

Resource Conservation Area 
Waterfront Revitalization Area 
Waterfront Industrial Area 

Revisor's Note 

This section is new language derived from Article 30, §§3.0- 
1 and the 1" sentence of §3.02. 

Subsection (b) of this section is corrected to incorporate the 
R-IA and R-IB Single-Family Residence Districts. 
Subsection (g) is corrected to incorporate the Coastal 
Hazard Zone. And subsection (h) is added to incorporate 
the Critical Area District. 

2-202. Maps and profiles made part of article. 

(A) In GENERAL 

The zoning maps, flood plain overlay maps, and flood profiles 

ADOPTED under THIS ARTICLE ARE INCORPORATED IN AND MADE A PART 



813 



Ord. 99-547 1 998- 1 999 Session 



OF THIS ARTICLE AS FULLY AS IF THEY WERE SET FORTH AND DESCRIBED 
IN THIS ARTICLE. 

(B) Evidence OF AVTHENTicny. 

As EVIDENCE OF THE AUTHENTICITY OF THESE MAPS AND PROFILES, EACH 
IS TO BE SIGNED BY THE MAYOR AND BY THE PRESIDENT OF THE CiTY 
COUNCIL. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"** and y^ sentences of Article 30, §3.0-2. 

§ 2-203. Letter or letter-number designations. 

The USE on a zoning map of a letter or a LETTER-NUMBER COMBINATION 

to designate a district indicates that the regulations applying to 
that district extend throughout the whole area bounded by the 
district boundary lines, as determined by the provisions of § 2-204 
{ "Determining boundary lines" } of this subtitle. 

Revisor's Note 

This section is new language derived without substantive 
change from the T' paragraph of Article 30, §3.0-3. 

Defined terms: 

Use §1-196 



§ 2-204. Determining boundary lines. 

(A) In GENERAL 

The precise location of a district boundary line is determined as 
specified in this section. 

(b) Along streets, alleys, streams, etc. 

Where a district boundary line is shown as being within or 
binding along a street, alley, other public or private way, or an 

814 



1 998- 1 999 Session Ord. 99-547 



EXTENSION OF ANY OF THEM, OR AS BEING WITHIN OR ALONG A NON- 
NAVIGABLE STREAM, THE BOUNDARY IS THE CENTER LINE OF THAT 
STREET, ALLEY, OTHER WAY, EXTENSION, OR STREAM. 

(C) On LOT LINES. 

Where a district boundary line is shown as binding along or 
superimposed on a lot line, the boundary is that lot line. 

(D) Designated distances. 

Where the location of a district boundary line is indicated by a 
designated number of feet, that distance controls. 

(E) Along railroad rights-of-way. 

Where a district boundary line is shown as being within or 
binding along a railroad right-of-way, the boundary line of 
that railroad right-of-way controls. 

(F) Along NAVIGABLE WATERS. 

( 1 ) Where a district boundary line is shown as binding along 
navigable water and is not otherwise fixed, the boundary 
IS: 

(i) the line that coincides with the pierhead line; or 

(n) where no pierhead line has been established, the 
line that coincides with the mean low tide line. 

(2) Unless otherwise indicated on the zoning map, submerged 
land that is later reclaimed is in the same district as the 

non-submerged premises to which the RECLAIMED LAND IS 
CONTIGUOUS. 

(G) Others. 

Where a district boundary line is shown and its location is not 
fixed by any of the rules of this section, its precise location is 

determined by SCALING FROM FIXTURES, OBJECTS, OR OTHER 
STRUCTURES SHOWN ON THE MAPS. 



815 



Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 



This section is new language derived without substantive 
change from the T^ paragraph of Article 30, §3.0-3. 



Defined terms: 






Alley §1-108 


Street 


§1-190 


Lot §1-154 


Structure 


§1-193 


Lot line §1-156 






Premises §1-176 







5 UBTiTLE 3. Zoning A uthoriza tions 
2-301. Authorization REQUIRED. 

(A) In GENERAL 

No LICENSE OR OTHER PERMIT PERTAINING TO THE USE OF LAND OR 
STRUCTURES MAY BE ISSUED BY ANY OFHCER, DEPARTMENT, OR 
EMPLOYEE OF THE ClTY UNLESS: 

( 1 ) THE APPLICATION FOR THAT LICENSE OR PERMIT HAS BEEN 
EXAMINED BY THE OFRCE OF THE ZONING ADMINISTRATOR; 
AND 

(2) HAS AFFDCED TO IT THE AUTHORIZATION OF THE ZONING 
ADMINISTRATOR, INDICATING THAT THE PROPOSED STRUCTURE 
OR USE COMPLIES WITH ALL THE PROVISIONS OF THIS ARTICLE. 

( B ) When no other permit required. 

If NO LICENSE OR OTHER PERMIT IS OTHERWISE REQUIRED FOR THE USE 
OF LAND, THIS ZONING AUTHORIZATION CONSTITUTES THE PERMIT TO SO 
USE THE LAND. 

Revisor's Note 

This section is new language derived without substantive 
change from the T' and 2"^ sentences of Article 30, §1 1.0- 
2cl. 



816 



1 998- 1 999 Session Ord. 99-547 



Throughout this section, alternative references to a "license" 
are added for clarity. 

In subsection (a) of this section, the phrase "[ejxcept as 
hereinafter provided" is deleted inasmuch as this subtitle 
contains no such exceptions. 

Defined terms: 

No... may c/ §1-211 Use §1-196 

Structure §1-193 



§ 2-302. Plot plan. 

The application for a zoning authorization must be accompanied by 
a plot plan that: 

( 1 ) is drawn to scale and fully dimensioned; 

(2) indicates the parcel of land, lot, and block, or the 
relevant portions of them; and 

(3) SHOWS: 

(I) THE GROUND AREA, HEIGHT, AND BULK OF THE STRUCTURE; 

(n) THE STRUCTURE IN RELATION TO THE LOT LINES ; 

(ID) THE USE TO BE MADE OF THE STRUCTURE OR LAND; AND 

(IV) ANY OTHER INFORMATION THAT THE ZONING 
ADMINISTRATOR REQUIRES FOR THE PROPER 
ADMINISTRATION AND ENFORCEMENT OF THIS ARTICLE. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1" sentence of Article 30, §1 1.0-2c2. 

In the introductory clause, the reference to "copies" is 
deleted as unhelpful, given the failure to specify the number 
of copies required. The number of copies to be submitted, if 
any, is best left to administrative determination. 



817 



Ord. 99-547 1 998- 1 999 Session 



Defined terms: 



Block §1-117 Must c/. §1-211 

Lot §1-154 Structure §1-193 

Lot line §1-156 Use §1-196 



§ 2-303. Employee-based parking requirements. 

If a structure or use is one for which this article requires off- 
street PARKING ON A RATIO TO THE NUMBER OF EMPLOYEES, THE 
APPLICATION MUST SPECIFY THE NUMBER OF EMPLOYEES ON WHICH THE 

parking requirement is calculated. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"*^ sentence of Article 30, §1 1.0-2c2. 

Defined terms: 

Must c/ §1-211 Use §1-196 

Structure § 1 - 1 93 



§ 2-304. Compliance with performance stant)ards. 

(A) Certification by engineer required. 

If a structure or use is one that is required to comply with the 
performance standards in title 12 {"performance standards"} 
of this article, the application must have affixed on it a 
certification of compliance from a professional engineer 
licensed to practice in the state of maryland. 

(B) Scope AND contents of certification. 

The CERTIFICATION MUST: 

( 1 ) CERTIFY THAT THE STRUCTURE AND THE PROPOSED USE COMPLY 
WITH ALL APPLICABLE PERFORMANCE STANDARDS OF THE 
DISTRICT DM WHICH THE STRUCTURE IS TO BE LOCATED; AND 



818 



1 998- 1 999 Session Ord. 99-547 



(2) contain enough information and detail to enable the 
Zoning Administrator to determine that the proposed 
structure and use can and will be in compliance with 

the APPUCABLE performance STANDARDS. 

(c) Examination and decision of Administrator. 

( 1 ) Within 30 days of submission of a completed application, the 
Zoning Administrator must: 

(I) undertake a technical examination of the 

APPLICATION AND CERTIRCATE; 

(n) APPROVE OR DISAPPROVE THE APPLICATION; AND 

(in) ADVISE THE ENGINEER IN WRITING WHETHER THE 

STRUCTURE OR USE DOES OR DOES NOT COMPLY WITH THE 
PERFORMANCE STANDARDS. 

(2) In UNDERTAKING THE EXAMINATION REQUIRED BY THIS SUBSECTION, 

THE Zoning Administrator may obtain technical assistance 

FROM OTHER CiTY AGENCIES OR FROM PRIVATE ENGINEERING 
CONSULTANTS, AS NECESSARY OR APPROPRIATE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §11.0-2c3. 

Defined terms: 

May c/ §1-211 Structure §1-193 

Must c/ §1-211 Use §1-196 



§ 2-305. NONCOMPLYING PERMITS VOID. 

Any BUILDING PERMIT, OCCUPANCY PERMIT, OR OTHER LICENSE OR PERMIT 
ISSUED IN CONFLICT WITH THE REQUIREMENTS OF THIS ARTICLE IS VOID. 



819 



Ord. 99-547 1 998- 1 999 Session 

Revisor's Note 

This section is new language derived without substantive 
change from the 3"* sentence of Article 30, §1 1.0-2cl. 

The phrase "or other license or permit" is added for clarity. 

Subtitle 4. Use Permits 
§2-401. Nature OF PERMIT. 

A USE PERMIT IS A DOCUMENT ISSUED BY THE ZONING ADMINISTRATOR FOR A 
STRUCTURE OR LAND THAT STATES THAT THE USE OR OCCUPANCY OF THE 
STRUCTURE OR LAND: 

( 1 ) COMPLIES WITH THE PROVISIONS OF THIS ARTICLE; AND 

(2) IS THE AUTHORIZED USE FOR THAT STRUCTURE OR LAND. 

Revisor's Note 

This section is new language derived without substantive 
change from the 3'^ sentence of Article 30, §1 1.0-2dl. 

In this section and throughout this article, "use permit" is 
substituted for "occupancy certificate". This change is 
made, in accordance with current practice and nomenclature, 
to more clearly distinguish this zoning document from the 
Building Code document known as an "occupancy permit". 

References to the use of "land" are added for clarity, as are 
the provisions of item (2) of this section. 

Defined terms: 

Structure §1-193 Use §1-196 

§ 2-402. Use permit required. 

A USE PERMIT IS REQUIRED BEFORE ANY PERSON MAY: 

( 1 ) OCCUPY ANY NEWLY-CONSTRUCTED STRUCTURE OR ANY ADDITION 
TO A PREVIOUSLY-CONSTRUCTED STRUCTURE; 



820 



1 998- 1 999 Session Ord. 99-547 



(2) USE FOR ANY PURPOSE ANY PREVIOUSLY-VACANT LAND; OR 

(3) MAKE ANY CHANGE IN THE AUTHORIZED USE OF ANY LAND OR 
STRUCTURE. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1" and T^ sentences of Article 30, §n.O- 
2dl. 

Former references to "the effective date of this ordinance" 
are deleted as obsolete. 

In item (3) of this section, "authorized" is added for clarity. 

Defined terms: 

May c/ §1-211 Structure §1-193 

Person §1-174 Use §1-196 



2-403. APPLICATION FOR PERMIT. 

(A) How MADE. 

( 1 ) Every application for a building permit constitutes an 

APPLICATION for A USE PERMIT AS WELL, BUT APPROVAL OF ONE 

does not constitute approval of the other. 

(2) For a new use of a structure or land for which no building 
permit is required, the application for a use permit must be 
made to the zoning administrator. 

(B) Required INFORMATION. 

The appucation must be accompanied by: 

( 1 ) unless one already is on file, a plot plan that complies 
with and contains the information specified in § 2-302 OF 

THIS TITLE FOR ZONING AUTHORIZATIONS; OR 



82 



Ord. 99-547 1 998- 1 999 SESSION 



(2) IN THE DISCRETION OF THE ZONING ADMINISTRATOR, 
WHATEVER OTHER WRITTEN INFORMATION THE ZONING 
ADMINISTRATOR REQUIRES TO ENABLE HER OR HIM TO ACT ON 
THE APPLICATION. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, § 1 1 .0-2d2. 

In subsection (b)(1) of this section, a cross-reference to §2- 
302 is added to clarify the otherwise bare reference to a 
"plot plan". 

Also in subsection (b)(1), the reference to "copies" is 
deleted. See Revisor's Note to §2-302. 

Defined terms: 

Must c/ §1-211 Use §1-196 

Structure §1-193 



§ 2-404. Pending construction. 

(a) Permit not issued until construction complete. 

For any structure or addition to a structure for which a use 
permit is required under § 2-402(1 ) of this subtitle, the use 
permit may not be issued until construction has been completed 
and the premises inspected and certified by the zoning 
administrator to be in conformity with the plans and 
specifications on which the zoning authorization was based. 

(B) Temporary PERMFT. 

Pending issuance of a permanent use permit, a temporary permit 
may be issued during the completion of any addition or during 
partial occupancy of the premises. a temporary permit may not 
be issued, however, for a period of more than 6 months. 



822 



I 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from the 1" and 2"'* sentences of Article 30, §1 1.0- 
2d3. 

DeHned terms: 

May c/ §1-211 Premises §1-176 

May not c/ § 1 -2 1 1 Structure § 1 - 1 93 



§ 2-405. Final action by Administrator. 

Within 15 days after receiving an application for a use permit or 
after the zoning administrator is notified in writing that the 
premises is ready for occupancy, the zoning administrator must 
issue the permit or notify the applicant in writing why a permit 
cannot be issued. 

Revisor's Note 

This section is new language derived without substantive 
change from the V^ sentence of Article 30, § 1 1 .0-2d3. 

Defined terms: 

Must c/ §1-211 Premises §1-176 

Subtitle 5. Transfer Certificates 
§ 2-501. Definitions. 

(A) In GENERAL. 

In THIS SUBTITLE, THE FOLLOWING TERMS HAVE THE MEANINGS 
INDICATED. 

(B) Agreement OF SALE. 

(1) In General 



823 



Ord. 99-547 1 998- 1 999 SESSION 

"Agreement of sale" means any agreement or written 
instrument that provides for the transfer of title to any 
property from one person to another. 

(2) Inclusions. 

"agreement of sale" includes any: 

( i) land installment contract; 

(n) conditional contract of sale; 

(m) lease with an option to purchase; 

(rv) lease by which the lessee may acquire title after a 
stipulated number of payments or after a 
stipulated period of time; or 

(v) similar written instrument. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, § 11 .0-2g5. 

Defined terms: 

Includes; including §1-152 Person §1-174 

May c/ §1-211 

§ 2-502. Nature of certificate. 

(A) In GENERAL 

a transfer certificate is a document issued by the zoning 
Administrator that states whether the property complies with 

THE use and density REGULATIONS OF THE DISTRICT IN WHICH IT IS 
LOCATED. 



824 



1 998- 1 999 Session Ord. 99-547 



(B) Basis. 



In issuing a transfer certihcate, the Zoning Administrator must 
consider: 

( 1 ) the use specified in the application submitted for the 
certificate; and 

(2) the information contained in the administrator ' s 
ofrcial records. 

Revisor's Note 

This section is new language derived from Article 30, §11.0- 
2g3. 

In this section and throughout this article, "transfer 
certificate" is substituted for "use certificate". This change 
is made to more clearly distinguish this document from the 
other, otherwise similarly named documents issued under 
this article and the Building Code. 

Subsection (b) of this section is revised to clarify, in 
accordance with administrative practice, that the information 
contained in both the application and the Administrator's 
official records are to be reviewed and considered. 

Defined terms: 

Must c/ §1-211 Use §1-196 



§ 2-503. Transfer certificate required. 

Except as specified in § 2-506 {"Exceptions"} of this subtitle, every 

PERSON WHO, for A MONETARY CONSIDERATION, SELLS OR CONVEYS AN 
interest in or RIGHT TO REAL PROPERTY LOCATED IN THE CiTY MUST: 

( 1 ) OBTAIN A TRANSFER CERTIFICATE AS PROVIDED IN THIS SUBTITLE; 
AND 

(2) PROVIDE IT TO THE TRANSFEREE, AS FOLLOWS: 



825 



Ord. 99-547 1 998- 1 999 Session 



(I) FOR A TRANSACTION INVOLVING AN AGREEMENT OF SALE OF 
A TYPE SPECIFIED IN § 2-501 (B)(2) OF THIS SUBTITLE, BY 
ATTACHING THE CERTIFICATE TO THE AGREEMENT OF SALE 
AT THE TIME THAT OR WITHIN 1 5 DAYS AFTER THE 
AGREEMENT OF SALE IS EXECUTED; AND 

(U) FOR ALL OTHER TRANSACTIONS, BY ATTACHING IT TO THE 
INSTRUMENT OF CONVEYANCE AT OR BEFORE SETTLEMENT. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §1 1.0-2gl. 

Defined terms: 

Must c/ §1-211 Person §1-174 

§ 2-504. Application for certificate. 

(A) In GENERAL 

( 1 ) A TRANSFER CERTIFICATE MAY BE OBTAINED FROM THE ZONING 
ADMINISTRATOR, ON APPLICATION AND PAYMENT OF A $10 FEE FOR 
EACH CERTIFICATE REQUESTED. 

(2) A SEPARATE APPLICATION MUST BE MADE FOR EACH INDIVIDUAL LOT 
OR PARCEL OF PROPERTY. 

(B) Information REQUIRED. 

Each application must contain the following information: 

( 1 ) A description or definite street location of the 

PROPERTY, AS THE ZONING ADMINISTRATOR REQUIRES; 

(2) THE NAME AND ADDRESS OF THE PRESENT OWNER OF THE 
PROPERTY; 

( 3 ) THE EXISTING USE OF THE PROPERTY ; AND 



826 



I 



1 998- 1 999 Session Ord. 99-547 



(4) EF THE PROPERTY IS RESTRICTED BY THIS ARTICLE TO USE AND 
OCCUPANCY AS A SINGLE-FAMILY DWELLING, A STATEMENT TO 
THAT EFFECT. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §11.0-2g2. 

Defined terms: 

Dwelling §1-136 Must c/ §1-211 

Lot §1-154 Street §1-190 

May c/ §1-211 Use §1-196 



§ 2-505. Effect of noncompliance. 

(a) Not subject to general penalties 

a person who fails to comply with this subtitle is not subject to 
the provisions of title 17 { "enforcement and penalties" } of this 

ARTICLE. 

(B) Presumptive WARRANTY. 

However, any person who fails to comply with this subtitle, 
with or without the approval or consent of the transferee, is 
conclusively presumed to have represented and warranted 
that the property involved in the transaction is being used in 
compliance with this article at and immediately preceding the 
time the agreement of sale or instrument of conveyance is 
executed. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §1 1.0-2g4. 

Defined terms: 

Person §1-174 Use §1-196 



827 



Ord. 99-547 1 998- 1 999 SESSION 



§ 2-506. Exceptions. 

This subtitle does not require a transfer certificate for the sale or 
conveyance of any interest in or right to real property that: 

( 1 ) is being used exclusively as a single- or 2-family dwelling; 

OR 

(2) IS OWNED BY AND BEING USED EXCLUSIVELY FOR THE IMMEDIATE 
PURPOSES OF A BONA FIDE AND REGULARLY OPERATING CHURCH OR 
RELIGIOUS ORGANIZATION. 

Revisor's Note 

This section is new language derived from Article 30, §1 1.0- 
2g6. 

Its provisions are revised to correct an inconsistency 
between the exception here for, among other things, single- 
family dwellings and the requirement, now in §2-504(b)(4), 
to specify whether any property is restricted to single-family 
dwelling use. As revised, this section clarifies that a transfer 
certificate is not required for the listed exceptions, but still 
may be obtained (as is often the practice); and, if it is 
obtained for a single-family dwelling, then the application 
must so specify. 

Defined terms: 

Dwelling §1-136 Use §1-196 



§ 2-507. City immune from liability. 

Neither the Mayor and City' Council of Baltimore, the Zoning 
administrator, nor any of their officers, agents, or employees may 
be held liable to any person, under any circumstances, in 
connection with or resulting from the issuance of any transfer 
certificate or in connection with or resulting from any information 
or statement contained in any transfer certificate. 



828 



1 998- 1 999 Session Ord. 99-547 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, § 1 1 .0-2g7. 

Defined terms: 

No... may c/ §1-211 Person §1-174 

Subtitle 6. Permit Time Limitations 

Part I. Time Required to Exercise 
§ 2-601. Scope of Part. 

This Part I applies to any permit or other authorization that has 

BEEN APPROVED UNDER THIS ARTICLE, WHETHER BY: 

(1) THE Zoning Administrator; 

(2) THE Board; 

(3) THE Mayor AND City Council; 

(4) ANY municipal AGENCY; OR 

(5) ANY COURT OF COMPETENT JURISDICTION. 

Revisor's Note 

This section is new language derived without substantive 
change from the V clause of the V sentence of Article 30, 
§ 1 1 .0-3i and from the reference to the Mayor and City 
Council in the last clause of that sentence. 

In this section and throughout this Part, the phrase "or other 
authorization" is added for clarity. 

Defined terms: 

Board §1-118 



829 



Ord. 99-547 1 998- 1 999 Session 



§ 2-602. Exercise wirraN 12 months required. 

Whenever an application for a permit or other authorization is 
approved. the applicant must obtain the permit or authorization 
and exercise the privilege granted by it: 

( 1 ) within 1 2 months of the final action that validated the 
permit or authorization; or 

(2) for a permit or other authorization approved by an 
ordinance of the mayor and clty council, within 12 months 
of the date the ordinance was enacted. 

Re VISOR'S Note 

This section is new language derived without substantive 
change from the 2'^ and 4'*' clauses of the 1" sentence of 
Article 30, §11. 0-3i. 

Defined terms: 

Must c/ §1-211 



§ 2-603. Lapse on failure to exercise. 

Unless extended under § 2-604 of this subtitle, if a permit or other 
authorization is not exercised within the time specified in § 2-602 of 
this subtitle, the permit or authorization automatically lapses and 

IS VOID. 

Revisor's Note 

This section is new language derived without substantive 
change from the 3"^ clause of the P' sentence of Article 30, 
§11.0-3i. 

§ 2-604. Extensions by Board. 

(A) In GENERAL 



830 



1 998- 1 999 Session Ord. 99-547 



On a written showing by the appucant of reasonable cause, the 
Board may authorize 1 or more extensions of the time specified 
IN § 2-602 OF this subtitle. 

(B) Limitations. 

No ONE extension, HOWEVER, MAY BE GRANTED FOR MORE THAN 12 
MONTHS WITHOUT PUBLIC NOTICE AND HEARING. 

Revisor's Note 

This section is new language derived without substantive 
change from the T^ sentence of Article 30, §1 1.0-3i. 

The 3"* sentence of former § 1 1 .0-3i is deleted as inconsistent 
with the balance of the section and, in any event, 
unnecessary. As added by Ordinance 93-197, its ostensible 
purpose was, as stated in the title, to "exten[d] the time limit 
for special exceptions". The actual language enacted, 
however, dealt with all types of "permits", not just special 
exceptions, and only in a B-4 or B-5 District, allowing an 
extension after hearing for up to 48 months. Assuming that 
the provision was, as the title states, for the purpose of 
''extending the time limit", the provision was essentially 
superfluous: under the preexisting provisions governing all 
districts (as now revised in this section), any permit 
extension may be granted after a hearing for any period of 
time, up to the specified 48 months or even longer. Nor, 
given the title (and the presumed intent of establishing a 
more liberal rule for B-4 and B-5 Districts), can the added 
provision properly be read as being intended to impose for 
these two districts alone a new, 48-month limit that doesn't 
apply to all other districts. 





Defined terms: 




Board 

No ... may 


§1-118 
c/ §1-211 


2-605. 


{Reserved} 




2-606. 


{Reserved} 





May c/ §1-211 



831 



Ord. 99-547 1 998- 1 999 SESSION 

Part II. Reapplication Waiting Period 

§ 2-607. Same proposal for same premises. 

If the Board has disapproved an application for a permit or other 
authorization, the board may not take action on any later 
application for substantially the same proposal on the same 
premises until at least 1 2 months after the date of the board's 
decision or, if that decision was appealed to court, the date of the 
court's decision. 

Revisor's Note 

This section is new language derived without substantive 
change from the P' paragraph of Article 30, §1 1.0-3h. 

Defined terms: 

Board §1-118 Premises §1-176 

May not c/ §1-211 

§ 2-608. Different proposal for same premises. 

If an APPLICATION OR APPEAL IS MADE TO THE BOARD THAT INVOLVES THE 
SAME PREMISES AS HAD BEEN THE SUBJECT MATTER OF A PROCEEDING BEFORE 

THE Board during the preceding 1 2 months, the Board: 

( 1 ) MUST provide all PARTIES OF RECORD AT THE PRIOR PROCEEDING 
AT LEAST 1 WEEK'S NOTICE, BY FIRST CLASS MAIL, OF THE HEARING 
IN THE CURRENT MATTER; 

(2) MAY NOTIFY ALL OTHER PERSONS THAT THE BOARD KNOWS WERE 
INTERESTED IN THE PRIOR PROCEEDING; AND 

(3) MUST FURNISH THE APPLICANT WITH A LIST OF THE PERSONS SO 

notified. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"^ paragraph of Article 30, §1 1.0-3h. 



832 



1 998- 1 999 Session Ord. 99-547 



In the introductory clause of this section, the undecipherable 
"substantially the same premises, or portion thereof is 
deleted. To the extent it simply was intended to mean "any 
part of the same premises", that is now covered by the 
definition of "premises" in §1-176. 

In item (1) of this section, the former, similarly 
undecipherable, reference to "parties of record in writing" is 
revised to refer simply to "parties of record". 

In item (2) of this section, "persons" is substituted for the 
unduly limited "parties". 





Defined terms: 






Board 


§1-118 


Person 


§1-174 


Must 


c/ §1-211 


Premises 


§1-176 



Title 3 
General Rules for Use, Bulk, and Other Regulations 

Subtitle 1. Use Regulations 
3-101. Nature AND SCOPE. 

Use regulations are those provisions of this article that: 

( 1 ) identify and enumerate permnted, conditional, additional 

industrial, and accessory USES; 

(2) IMPOSE USE LIMITATIONS; AND 

(3) REQUIRE ADHERENCE, WHEN APPLICABLE, TO PERFORMANCE 
STANDARDS. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-98. 

Deflned terms: 

Accessory use §1-102 Use §1-196 



833 



Ord. 99-547 1 998- 1 999 SESSION 

§ 3-102. Permitted uses. 

(A) Nature OF USE. 

A PERMITTED USE IS A USE THAT LAWFULLY MAY BE ESTABLISHED IN A 
PARTICULAR DISTRICT, AS LONG AS IT CONFORMS WITH ALL 
REQUIREMENTS AND REGULATIONS FOR THE DISTRICT IN WHICH THE USE 
IS LOCATED. 

(B) APPUCABILITY TO DISTRICT. 

Permitted uses for a district are as specified in this article for 
that district. 

(c) Major categories limited to ttemized uses. 

Wherever a major category that lists specific uses is named as a 
permitted use for a district, only the specihc uses listed are 
permitted uses. 

Revisor's Note 

Subsection (a) of this section is new language derived 
without substantive change from Article 30, §13.0-2-96. 

Subsection (b) of this section is new language derived from 
Article 30, §6.0-la and the T' sentences of §§4.0-la, 5.0-la, 
and 7.0-la, lb, and Ic. 

Subsection (c) of this section is new language derived from 
the 2"^ sentences of Article 30, §§3B.0-la, 4.0-la and 5.0- 
la. Although the rule is not expressly stated for Business 
and Industrial Districts, it is understood to apply universally 
to all districts and is placed here accordingly. Also, the 
phrase "[u]nless otherwise specifically set forth" is deleted 
as unnecessary and potentially misleading. 

Defined terms: 

\fay c/ §1-211 Use §1-196 



834 



1 998- 1 999 Session Ord. 99-547 

3-103. Conditional USES. 

(A) Nature OF USE. 

A CONDITIONAL USE IS A USE THAT: 

( 1 ) MAY BE AUTHORIZED BY THE BOARD OR BY ORDINANCE AS A 
SPECIAL EXCEPTION UNDER STATE CODE ARTICLE 66B; AND 

(2) IS SUBJECT TO REVIEW AND APPROVAL AND TO THE IMPOSITION 
OF CONDITIONS AND RESTRICTIONS UNDER THE PROVISIONS OF 
THIS ARTICLE. 

(B) Applicability TO DISTRICT. 

Conditional uses for a district are as specified in this article 

FOR that district. 

(c) Major categories limited to ftemized uses. 

Wherever a major category that lists specihc uses is named as a 
conditional use for a district, only the specmc uses listed are 
conditional uses. 

Revisor's Note 

Subsection (a) of this section is new language derived 
without substantive change from Article 30, §13.0-2-95. 
Reference to conditional use authorizations by "ordinance" 
is added to rectify an apparent oversight. 

Subsection (b) of this section is new language derived from 
the 1" sentences of Article 30, §§4.0-lb, 5.0-Ib, 6.0-lb, and 
7.0- la, lb, and Ic. 

Subsection (c) of this section is new language derived from 
the 2"^ sentences of Article 30, §§3B.0-lb, 4.0-lb, 5.0-lb, 
and 6.0-lb. Although the rule is not expressly stated for 
Industrial Districts, it is understood to apply to them and is 
placed here accordingly. Also, the phrase "[ujnless 
otherwise specifically set forth" is deleted as unnecessary 
and potentially misleading. 



835 



Ord. 99-547 1 998- 1 999 SESSION 

Defined terms: 

Board §1-118 Use §1-196 



§ 3-104. Additional industrial uses. 

An additional industrial use is a use ordinarily relegated to an M-3 
District THAT: 

( 1 ) MAY BE authorized BY THE ZONING ADMINISTRATOR IN AN M-2 
DISTRICT; AND 

(2) IS SUBJECT TO REVIEW AND APPROVAL AND TO THE IMPOSITION OF 
CONDITIONS AND RESTRICTIONS UNDER THE PROVISIONS OF THIS 
ARTICLE. 

Revisor's Note 

This section is new language, based on Article 30, §7.2- Id, 
added to reflect and explain the reference in §3-101 to these 
uses. 

Defined terms: 

May c/ §1-211 Use §1-196 

§ 3-105. ACCESSORY USES. 

An ACCESSORY USE IS A USE THAT MEETS THE CRITERIA SPECIFIED IN §1-102 
{"ACCESSORY USE OR STRUCTURE"} OF THIS ARTICLE. 

Revisor's Note 

This section is new language added to reflect and explain the 
reference in §3-101 to these uses. 

Defined terms: 

Accessory use §1-102 Use §1-196 



836 



1 998- 1 999 Session Ord. 99-547 

§ 3-106. Prohibited uses — in general. 

Any use that is not expressly allowed in a district is prohibited. 

Revisor's Note 

This section is new language derived without substantive 
change from the rule repeated by the P' sentences of Article 
30, §§3A.0-ld, 3B.0-ld, 4.0-ld, 5.0-ld, 6.0-ld, and 7.0-lf 
and from §3C.0-li. 

Defined terms: 

Use §1-196 

§ 3-107. Prohibited uses — storage, etc., of vehicles. 

(A) Definitions. 

(1) In GENERAL. 

In this section, the following terms have the meanings 
indicated. 

(2) DEREUCT VEHICLE. 

"Derelict vehicle" means a vehicle that exhibits a defect, 
damage, or deterioration sufhcient to preclude proper 
operation on the highway. 

(3) UNUCENSED VEHICLE. 

"Unlicensed vehicle" means: 

(I) AN unregistered VEHICLE; OR 

(n) A VEHICLE ON WHICH CURRENT REGISTRATION TAGS ARE 
NOT DISPLAYED. 



837 



Ord. 99-547 1 998- 1 999 SESSION 

(B) Prohibited USES. 

( 1 ) Indoor or outdoor storage, etc. 

The indoor or outdoor storage or maintenance of 
abandoned, junked, or derelict vehicles is prohibited in all: 

(I) Business Districts; 

(II) M-1 and M-2 Districts; AND 
(m) Public Use Districts. 

(2) Outdoor storage, etc. 

The outdoor storage or maintenance of abandoned, 
unlicensed, junked, or derelict vehicles is prohibited in all: 

(I) Residence Districts; 

(u) Ofhce-Residence Districts; and 

(ni) Flood Plain Overlay Districts. 

(3) Outdoor faciuties for storage, etc. 

Outdoor FACiLmES for the storage, maintenance, or 
dismantling of abandoned, unlicensed, junked, or derelict 
vehicles are prohibited within the buffer of the critical 
Area Overlay District. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §§3C.0-ld3, 13.0-2-23'/2, and 13.0- 
2-93a, the 2"" sentences of§§3A.0-ld, 3B.0-ld, 4.0-ld, 5.0- 
Id, and 6.0- Id, and the 3'^^ sentence of §7.0- If. Combining 
them all here promotes both brevity and ease in comparison. 

In Article 30. the terms used and defined are "derelict motor 
vehicle' and "unlicensed motor vehicle". The definitions of 
both those terms, however, use the broader term "vehicle". 
This revision adopts the latter usage. 

838 



1998-1 999 Session Ord. 99-547 

§ 3-108. {Reserved} 

§ 3-109. Specific use governs. 

A USE set forth specifically governs in the interpretation and 

APPLICATION OF A USE THAT IS SET FORTH BOTH SPECIFICALLY AND IN A 
GENERAL CATEGORY. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §2.0- le. 

Defined terms: 

Use §1-196 

§ 3-110. Utility and government uses permitted. 

The FOLLOWING USES ARE ALLOWED IN ALL DISTRICTS, SUBJECT TO THE 

PROVISIONS OF Title 8 {"Overlay Districts"} of this article governing 

THESE uses in OVERLAY DISTRICTS: 

( 1 ) overhead electric distribution and telephone lines; 

(2) underground uttlity lines and distributing equipment; 

(3) conduits, vaults, pipeline laterals, and mains; 

(4) trafrc signals; 

(5) sanitary landfills that are operated and controlled by the 
Baltimore City Department of Public Works and for which 

THE permit has BEEN APPROVED BY THE MAYOR AND CiTY 

CouTMCiL OF Baltimore by ordinance or resolution; 

(6) TELEPHONE BOOTHS AND PEDESTALS; AND 

(7) SIMILAR INSTALLATIONS AND EQUIPMENT OR ACCESSORIES OF A 
PUBLIC UTILITY OR GOVERNMENTAL SERVICE. 



839 



Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §2.0-1 la. The cross-reference to 
the special requirements for overlay districts is added for 
clarity. 

Defined terms: 

Use §1-196 



Subtitle 2. Bulk Regulations 
§ 3-201. Nature and scope. 

(A) Nature. 

Bulk regulations are the provisions of this article that 

CONTROL: 

(1) THE size OF STRUCTURES; AND 

(2) THE RELATIONSHIPS OF STRUCTURES: 

(I) TO EACH OTHER; 
(U) TO OPEN AREAS; AND 
(in) TO LOT LINES. 

(B) Scope. 

The bulk regulations of this article govern: 

(1) MAXIMUM height; 

(2) MAXIMUM LOT COVERAGE; 

(3) MINIMUM LOT AREA; 



840 



Defined terms: 




Floor area ratio § 1 - 1 45 


Lot line 


Lot §1-154 


Structure 


Lot area §1-155 


Yard 



1 998- 1 999 Session Ord. 99-547 

(4) minimum size of yards; and 

(5) maximum floor area ratio. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-12. 



§1-156 
§1-193 
§1-198 



3-202. Compliance REQUIRED. 

(A) New CONSTRUCTION. 

No STRUCTURE MAY BE ERECTED EXCEPT IN ACCORDANCE WITH THE 
BULK REGULATIONS PRESCRIBED FOR THE DISTRICT IN WHICH THE 
STRUCTURE IS LOCATED OR PROPOSED TO BE LOCATED. 

(B) Yards and open spaces. 

No STRUCTURE MAY BE EXPANDED, ALTERED, OR MOVED SO AS TO 
REDUCE THE YARDS AND OPEN SPACES PRESCRIBED FOR THE DISTRICT IN 
WHICH THE STRUCTURE IS LOCATED OR THE EXPANSION, ALTERATION, OR 
MOVEMENT IS PROPOSED TO BE LOCATED. 

(c) Number of families — structure design. 

No STRUCTURE MAY BE ERECTED, EXPANDED, OR ALTERED IF THE 
STRUCTURE, AS PROPOSED TO BE ERECTED, EXPANDED, OR ALTERED IS 
ARRANGED, INTENDED, OR DESIGNED TO BE OCCUPIED BY MORE THAN 
THE NUMBER OF FAME.IES PERMITTED BY THE BULK REGULATIONS 
PRESCRIBED FOR THE DISTRICT IN WHICH THE STRUCTURE, EXPANSION, OR 
ALTERATION IS LOCATED OR PROPOSED TO BE LOCATED. 



841 



Ord. 99-547 1 998- 1 999 SESSION 



(D) Number of families — occupancy. 

No STRUCTURE MAY BE OCCUPIED BY MORE THAN THE NUMBER OF 
FAMILIES PERMITTED BY THE BULK REGULATIONS PRESCRIBED FOR THE 
DISTRICT IN WHICH THE STRUCTURE IS LOCATED. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §2.0-8a to 8d. 

Throughout this section, the defined term "expand[ed]" is 
substituted for "extended" and "enlarged". 

Defined terms: 

Erect §1-140 Structure §1-193 

Expand §1-142 Yard §1-198 

No. ..may c/ §1-211 



§ 3-203. Continued conformity required. 

(A) In GENERAL. 

The maintenance of required yards, other open space, and 
minimum lot area for a structure is a continuing obligation of 
the owner of the structure and of the owner of the property on 
which the structure is located, as long as the structure exists. 

(B ) Single-structure allocations required. 

No REQUIRED YARD, OTHER OPEN SPACE, OR MINIMUM LOT AREA 
ALLOCATED TO A STRUCTURE MAY, BY VIRTUE OF A CHANGE OF 
OWNERSHIP OR FOR ANY OTHER REASON, BE USED TO SATISFY YARD, 
OTHER OPEN SPACE, OR MINIMUM LOT AREA REQUIREMENTS FOR ANY 
OTHER STRUCTURE. 

(c) Yards, etc. . to be on same lotas structure. 

All yards and other open spaces allocated to a structure must 
be located on the same lot as the structure. 



842 



1 998- 1 999 Session Ord. 99-547 



(D) Division or subdivision of lot. 

No LOT MAY BE DIVIDED OR SUBDIVIDED IN A WAY THAT WOULD VIOLATE 
ANY PROVISION OF THIS ARTICLE APPLICABLE TO THE ORIGINAL LOT OR TO 
THE RESULTING LOTS. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §2.0-8e to 8g. 





Defined terms: 


Lot 


§1-154 


Lot area 


§1-155 


Must 


c/ §1-211 



No ... may cf. §1-211 

Structure §1-193 

Yard §1-198 



§ 3-204. Open spaces under Urban Renewal Plan. 

Any part of a lot that has been be dedicated to or acquired by the 
City for the purpose of providing open space areas under an 
approved Urban Renewal Plan is included in the lot for purposes of 
determining: 

( 1 ) THE NUMBER OF FAMILIES THAT MAY BE HOUSED ON THE LOT; 

(2) THE PERCENTAGE OF LOT COVERAGE; AND 

(3) THE REQUIRED DEPTHS OF FRONT, REAR, AND SIDE YARDS. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §2.0-8h. 

Defined terms: 

Lot §1-154 Yard §1-198 

May c/ §1-211 



843 



Ord. 99-547 1 998- 1 999 SESSION 

§ 3-205. Major highway dedications. 

(A) In GENERAL 

Subject to the requirements and limitations of this section, if 
the owner of a lot gives or dedicates to the mayor and city 
Council of Baltimore any land for the purpose of establishing, 
extending, or widening a street abutting that lot, the area of 
the land so given or dedicated may be added to the lot area 
used to compute the maximum number of dwelling units that, 
under the bulk regulations of this article, are permitted on 

THAT LOT. 

(B) Requirements. 

To QUALIFY FOR THIS ADDED AREA: 

( 1 ) THE STREET TO BE ESTABLISHED, EXTENDED, OR WIDENED MUST 
BE A MAJOR STREET, ARTERIAL STREET, OR EXPRESSWAY, AS 
SHOWN ON THE MASTER PLAN; AND 

(2) THE LAND GIVEN OR DEDICATED MUST HAVE BEEN: 

(I) DESIGNATED FOR THIS PURPOSE ON AN APPROVED 
SUBDIVISION PLAT OR BUILDERS' LOCATION PLAT; 

(n) CERTIFIED BY THE PLANNING COMMISSION AS 

ESSENTIAL TO OVERALL COMMUNITY PLANNING AND 
NOT FOR THE SOLE BENEFIT OF ANY ONE INDIVIDUAL; 
AND 

(m) GIVEN OR DEDICATED TO THE CiTY AT THE REQUEST OF 

THE Planning Commission. 
(c) Limitation. 

The permitted density of the lot, as computed under this 

section, may not exceed 1 20% OF THE DENSITY THAT OTHERWISE 
WOULD BE ALLOWED FOR THAT LOT. 



844 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §2.0-8i. 

In subsection (a) of this section, "dwelling units" is 
substituted for "families" to conform to the terminology 
used in the related bulk regulations. 

Defined terms: 

Alley §1-108 Master Plan §1-160 

Dwelling unit § 1 - 1 37 May c/ § 1 -2 1 1 

Lot §1-154 



3-206. {Reserved} 

3-207. Yards ADJOINING ALLEYS. 

(A) Scope OF SECTION. 

This section does not apply in an R-1 A or R-IB District. 

(B) Side YARD MEASUREMENT. 

If the side yard of a dwelling adjoins an alley, one-quarter of 

THE width of the ALLEY MAY BE INCLUDED AS PART OF THE REQUIRED 
SIDE YARD. 

(c) Rear yard measurement. 

If THE REAR YARD OF A DWELLING ADJOINS AN ALLEY, ONE-QUARTER OF 
THE WIDTH OF THE ALLEY MAY BE INCLUDED AS PART OF THE REQUIRED 
REAR YARD. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §2.0-8j and 8k and, as to the 
exception in subsection (a) of this section, from §§4.1 A-3 
and4.1B-3. 



845 



Ord. 99-547 1 998- 1 999 Session 




Defined terms: 




Adjoining §1-104 May 
Alley §1-108 Yard 
Dwelling §1-136 


c/ §1-211 
§1-198 



§3-208. Rear YARD REDUCTION. 

(A) In GENERAL 

For a lot that is less than 100 feet deep, the depth of a rear 

YARD required FOR A DWELLING MAY BE REDUCED 1 % FOR EACH 1 
FOOT THAT THE LOT IS LESS THAN 100 FEET DEEP, SUBJECT TO THE 
LIMITATIONS AND REQUIREMENTS OF THIS SECTION. 

(B) Maximum REDUCTION. 

A REDUCTION UNDER THIS SECTION MAY NOT EXCEED THE FOLLOWING: 

( 1 ) IN THE CASE OF AN EXISTING DETACHED OR SEMIDETACHED 
DWELLING THAT IS LOCATED IN A BUSINESS DISTRICT, TWO- 
THIRDS OF THE REQUIRED DEPTH; AND 

(2) IN ALL OTHER CASES, ONE-QUARTER OF THE REQUIRED DEPTH. 

(C) COMPUANCE WITH OTHER REGULATIONS. 

A REDUCTION MAY ONLY BE TAKEN UNDER THIS SECTION IF ALL OTHER 
BULK REGULATIONS ARE COMPLIED WITH. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §2.0-81. 

The clause from which subsection (c) of this section is 
drawn is a proviso within a proviso within an exception. 
Literally, the clause seems to have applied only to the 
situation described in subsection (b)(1). This revision 
assumes, however, that the intent was to condition all 
reductions on compliance with other bulk regulations. 



846 



1998-1999 Session 



Ord. 99-547 



Dwelling 

Lot 

May 



Defined terms: 

§1-136 

§1-154 

c/ §1-211 



May not 
Yard 



c/ §1-211 
§1-198 



§ 3-209. Projections and obstructions into required yards. 

(A) In GENERAL 

Except for the specified projections and obstructions listed in 

THIS section, every PART OF A REQUIRED YARD OR OF ANY OTHER 
REQUIRED OPEN SPACE MUST BE OPEN AND UNOBSTRUCTED FROM THE 
GROUND TO THE SKY. 

(B) How MEASURED. 

Unless otherwise noted, the distance of a projection is 
measured, on a horizontal plane, from the wall of the 
structure to which the projection is attached. 

(c) Permitted PROJECTIONS AND OBSTRUCTIONS, 

Front AND other Interior Rear 

YARDS ADJOINING STREETS SIDE YARDS YARDS 



( 1 ) Arbors or treluses , attached to principal 
structure — no more than 3 feet • 

(2) Arbors or trellises, free-standing 

(3 ) air condmoning untts — no less than 
3 feet from any lot line 

(4) awnings or canopies for a window, 
porch, or door — no more than 3 feet • 

(5) Balconies, OPEN — no more than 3 feet 

(6) Chimneys — no more then 2 feet • 

(7) Cornices, eaves, belt courses, sills, 1 -story 
bay windows, and simear archttectural 
features — no more than 2 feet • 



• 
• 
• 



• 
• 



• 
• 
• 



847 



Ord. 99-547 



1998-1999 Session 



(8) Fallout or bomb shelters — as long as: 
(i) any above-grade portion of a shelter 
constructed under this provision (except a 
hatch. air vent, or hlter) is situated entirely 
beneath a porch or other structure that is 
itself permitted by this section; (n) no 
portion of any fallout or bomb shelter 
constructed under this provision, whether 
above or below grade, is situated within 

3 FEET OF ANY LOT LINE; AND (Ol) ALL FALLOUT 
OR BOMB SHELTER HATCHES ARE NO MORE 
THAN 1 8 INCHES ABOVE GRADE AND ALL FALLOUT 
SHELTER AIR VENTS AND FILTERS ARE NO MORE THAN 
6 FEET ABOVE GRADE • 



(9 ) Fences and walls — no more than 

31/2 feet high • 

( 1 0) Fences and walls — no more than 
6 feet high 

(11) Fire escapes or fire towers, open and 
enclosed — no more than 6 feet 

(12) Flagpoles • 

(13) Garages, detached 

( 1 4) Lawn furniture — such as benches, 
SUN dials, and bird baths • 



• 
• 
• 



(15) Microwave antennas (satellite dishes) — 

NO less than 5 FEET FROM ANY LOT LINE AND 
NO LESS THAN 1 FEET FROM THE NEAREST DOOR 
OR WINDOW OF A PRINCIPAL USE 



( 1 6) OPEN OFF-STREET LOADING SPACES 

( 1 7) Open off- street parking spaces 



• 
• 



• 

• 
• 



( 1 8) Ornamental ught standards — not over 

6 feet high and situated no less than 5 feet 

from any lot LINE • 

(19) Playground and laundry-drying equipment 



• 
• 



848 



1 998- 1 999 Session Ord. 99-547 



(20) Playhouses and outdoor fireplaces • 

(2 1 ) Porches, open, with or without roof, 

NOT more than 1 story HIGH — NO MORE 

than 8 feet • 

(22) Porches, open, with or without roof — 

no more than 8 feet • 

(23) Signs and nameplates — as regulated 

in this article • • • 

(24) Steps, OPEN • • • 

(25) Swimming pools and tennis courts • 

(26) Terraces AND PATIOS, OPEN • • • 

(27) Tool houses and similar structures 

for the storage of accessory supplies • 

(28) Trees, shrubs, AND other PLANTS • • • 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §2.0-8m. 



Defined terms: 






Adjoining §1-104 


Principal structure 


§1-177 


Enclosed structure § 1 - 1 39 


Sign 


§1-189 


Lot §1-154 


Street 


§1-190 


Lot line §1-156 


Structure 


§1-193 


Must c/ §1-211 


Use 


§1-196 


Nameplate c/§ll-101(h) 


Yard 


§1-198 



§ 3-210. Lot coverage computation. 

In computing the percentage of lot area covered BY A STRUCTURE, 
THE AREA OF THE MAXIMUM HORIZONTAL PLANE OF THE ENTIRE STRUCTURE IS 
USED, EXCEPT FOR THOSE PORTIONS SPECIFIED IN § 3-209 {"PROJECTIONS ... 
INTO REQUIRED YARDS" } OF THIS SUBTITLE AS BEING PERMITTED TO PROJECT 
INTO REQUIRED YARDS. 



849 



Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 



This section is new language derived without substantive 
change from Article 30, §2.0-8n. 



Def 


ined terms: 






Lot 


§1-154 


Structure 


§1-193 


Lot area 


§1-155 


Yard 


§1-198 



§ 3-211. Minimum acreage for certain multiple-family 
developments. 

NOTV^TTHSTANDING any OTHER PROVISION OF THIS ARTICLE, NO MULTIPLE- 
FAMILY DEVELOPMENT OF 3 OR MORE UNITS MAY BE CONSTRUCTED IN R-2, R- 

4, OR R-5 Residence Districts on a lot that is less than 1 acre. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §2.0-8o. 

Defined terms: 

Family §1-142 No ... may c/ §1-211 

Lot §1-154 



§ 3-212. Height limitation in vicinity of Washington Monument 

Nothing in this article in any way affects the requirements of 
Chapter 42, Laws of Maryland 1904, which states: 

"[F] ROM AND AFTER [March 15, 1904], NO BUILDING, 
EXCEPT churches, SHALL BE ERECTED OR ALTERED IN THE 

City of Baltimore on the territory bounded by the 
south side of Madison street, the west side of St. Paul 
street, the north side of Centre street, and the east 
side of Cathedral street, to exceed in height a point 

SEVENTY feet ABOVE THE SURFACE OF THE STREET AT THE 
BASE LINE OF THE WASHINGTON MONUMENT." 



850 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §2.0-9. 

§ 3-213. General height exemptions. 

The height regulations of this article do not apply to the 
following: 

( 1 ) belfries, chimneys, cupolas, domes, grain elevators, fire 
escapes, flag poles, flues, minarets, monuments, spires, 
stacks, steeples, ventilators, and utility poles; 

(2) water towers or tanks other than those located on the 
roof of a structure; 

(3) bulkheads, cooling towers, elevator enclosures, monitors, 
elevator or stairway penthouses, skylights, stage towers 
and water tanks, and air conditioning units — as long as 
these structures do not occupy more than 25% in the 
aggregate of the area of the roof of the structure on 
which they are located; 

(4) towers for any permitted or accessory use — as long as 
these towers: 

(i) do not occupy more than 25 % in the aggregate of 
the lot coverage of the structure on which they 
are located; 

(n) do not extend more than 1 5 feet above any 
applicable height limit; and 

(id) do not exceed the maximum floor area ratio 

permitted in the district in which they are located; 

AND 

(5) PARAPET WALLS — AS LONG AS THESE WALLS DO NOT EXCEED THE 
HEIGHT NECESSARY TO SCREEN THE MECHANICAL EQUIPMENT LISTED 
IN ITEM (3) OF THIS SECTION. 



851 



Ord. 99-547 1 998- 1 999 SESSION 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §2.0-1 lb. 

Defined terms: 

Accessory use §1-102 Structure §1-193 

Floor area ratio §1-145 Use §1-196 

Lot §1-154 



Subtitle 3. Other Regulations 
§3-301. Number OF STRUCTURES ON A LOT. 

(A) In GENERAL 

Except in a planned unit development or as authorized in 
subsection (b) of this section: 

( 1 ) no more than 1 principal detached structure may be 
located on: 

(i) any residential lot; or 

(n) any ofrce-residential, business, or industrial 
lot that is adjacent to a residential lot; and 

(2) no principal detached structure or any other free- 
standing structure may be located, with any other 
principal structure, on the same: 

(i) residential lot, except as specified in § 3-209 
{"projections ... into required yards"} or § 3-304 
{"accessory uses and accessory structures"} 

OF THIS TITLE; OR 

(U) OFRCE-RESIDENTIAL, BUSINESS, OR INDUSTRIAL LOT 
THAT IS ADJACENT TO A RESIDENTIAL LOT. 



852 



1998-1999 Session 



Ord. 99-547 



(B) Exceptions. 

Notwithstanding subsection (a) of this section, the Zoning 
Administrator must approve construction of more than 1 
principal detached structure or other free-standing structure 
on a residential lot or on an ofhce-resedential, business, or 
industrial lot adjacent to a residential lot if, in a specmc case: 

( 1 ) the development otherwise would conform to the 
requirements of this article; and 

(2) THE Planning Commission approves the design of the 

DEVELOPMENT. 

Revisor's Note 

This section is new language derived without substantive 
change from all but the last sentence of Article 30, §2.0-4. 

The last sentence of former §2.0-4, which deals with 
property subdivided within the 5 years preceding the 
section's amendment in 1977, is deleted as obsolete. 





Defined terms: 






Adjacent 




§1-103 


Street 


§1-190 


Lot 




§1-154 


Structure 


§1-193 


Must 




c/ §1-211 


Use 


§1-196 


No ... may 




c/ §1-211 


Yard 


§1-198 


Principal structure 


§1-177 







3-302. Frontage of structures. 

(a) In general 

Except as specified in subsection (b) of this section, the physical 
front or main entrance of a structure erected on a lot need 
not face the front lot line, as long as all applicable bulk 
regulations are met. 



853 



Ord. 99-547 1 998- 1 999 Session 

(B) Exceptions. 

Subsection (a) of this section does not apply to any multiple- 
family DWELLING THAT: 

( 1 ) IS IN AN R-2, R-4, R-5, OR R-6 Residence District; 

(2) contains 3 OR MORE UNITS; AND 

(3) IS LOCATED ON A LOT OF LESS THAN 2 ACRES. 

(c) Corner LOTS. 

Subject to the requirements of this section, the owner of a 
street corner lot may select either street lot line as the front 

LOT LINE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §§2.0-5 and the 2"^ sentence of 
§13.0-2-52. 

Defined terms: 

Dwelling §1-136 Lot line §1-156 

Erect §1-140 May c/ §1-211 

Lot §1-154 Structure §1-193 

§ 3-303. Minimum dwelling width. 

(A) In general —16 feet. 

( 1 ) Except as otherwise specified in this section, a person may 

NOT erect any new RESIDENTIAL STRUCTURE THAT IS LESS THAN 16 

feet wide. 

(2) This subsection does not prevent or restrict an otherwise 

LAWFUL expansion OF A LAWFUL PREEXISTING RESIDENTIAL 
STRUCTURE THAT ALREADY IS LESS THAN 16 FEET WIDE. 



854 



1 998- 1 999 Session Ord. 99-547 



(B) Exception— 12 FEET BETWEEN ADJOINING DWELUNGS. 

A DWELLING THAT IS AT LEAST 1 2 FEET WIDE MAY BE PLACED, 
CONSTRUCTED, OR RECONSTRUCTED BETWEEN 2 EXISTING DWELLINGS 
THAT WOULD ADJOIN IT, EF: 

( 1 ) THE DWELLING IS IN A DEVELOPED BLOCK; 

(2) MORE THAN 50% OF THE DWELLINGS IN THAT BLOCK ARE FOUND 

BY THE Department of Housing and Community 
Development to be in substantially sound condition; 

AND 

(3) THE USE WOULD CONFORM TO THE Master Plan. 
(c) Exception— 14 feet in Renewal Project Areas. 

With the approval of the Planning Commission, a dwelling that 

is at least 14 FEET WIDE MAY BE ERECTED IN AN AREA THAT HAS BEEN 
DESIGNATED AS A RENEWAL PROJECT AREA UNDER CiTY CODE ARTICLE 
13, §§20 THROUGH 33. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §2.0-6. 

In subsection (a)(2) of this section, the defined term 
"expan[sion]" is substituted for "extension", "enlargement", 
and "addition". 



Defined terms: 






Adjoining 


§1-104 


Master Plan 


§1-160 


Block 


§1-117 


May 


c/ §1-211 


City Code 


§1-125 


May not 


c/ §1-211 


Dwelling 


§1-136 


Person 


§1-174 


Erect 


§1-140 


Structure 


§1-193 


Expand 


§1-141 


Use 


§1-196 



§ 3-304. ACCESSORY uses and ACCESSORY STRUCTURES. 

(A) To BE LOCATED ON SAME LOTAS PRINCIPAL STRUCTURE. 

855 



Ord. 99-547 1 998- 1 999 Session 



( 1 ) Except as specified in paragraph (2) of this subsection, an 
accessory use or accessory structure must be limited to 
and located on the same lot with the use of the structure 
to which it is accessory. 

(2) Accessory parking spaces may be permitted on another lot 
IN accordance with § 10-303 {"Location of facilities — 

EXCEPTION for PUDS"} OR § 10-304 {"LOCATION OFFACDLITIES — 
... COMMON CONTROL"} OF THIS ARTICLE. 

(B) Effect of attachment to principal structure. 

If an ACCESSORY STRUCTURE IS ATTACHED TO A PRINCIPAL STRUCTURE 
BY ANY WALL OR ROOF CONSTRUCTION: 

( 1 ) ms CONSIDERED TO BE A PART OF THE PRINCIPAL STRUCTURE; 
AND 

(2) IT MUST COMPLY IN ALL RESPECTS WITH THE REQUIREMENTS OF 
THIS ARTICLE THAT APPLY TO A PRINCIPAL STRUCTURE. 

(c) Percentage of required rear yard. 

No DETACHED ACCESSORY STRUCTURE OR STRUCTURES MAY OCCUPY 
MORE THAN 50% OF THE AREA OF A REQUIRED REAR YARD. 

(D) Time OF CONSTRUCTION. 

No ACCESSORY BUILDING MAY BE ERECTED ON ANY LOT BEFORE 
CONSTRUCTION OF THE PRINCIPAL STRUCTURE TO WHICH IT IS 
ACCESSORY. 

(E) Accessory GARAGE. 

( 1 ) Notwithstanding the other bulk regulations of this 

ARTICLE, an accessory GARAGE MAY BE ERECTED IN THE REAR 
YARD OF ANY LOT ON WHICH THERE IS A PRINCIPAL STRUCTURE, IF 
THE GARAGE: 

(I) ACCOMMODATES NO MORE THAN 1 VEHICLE; AND 

(U) IS NO LARGER THAN 240 SQUARE FEET. 

856 



r 



r 

} 



1 998- 1 999 Session Ord. 99-547 



(2) No ACCESSORY GARAGE MAY BE USED FOR BODY REPAIR, PAINTING, 
OR ENGINE REBUILDING. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §2.0-7. 

Subsection (e)(2) of this section is new language added for 
clarity, to avoid erroneous reverse implications from the 
exceptions in §5-407(6) and (7) of this article for accessory 
garages. 





Defined terms: 






Adjacent 


§1-103 


Principal structure 


§1-177 


Lot 


§1-154 


Street 


§1-190 


May 


c/ §1-211 


Structure 


§1-193 


Must 


c/ §1-211 


Use 


§1-196 


No ... may 


c/ §1-211 


Yard 


§1-198 



3-305. Conversion of single- or two-family dwellings. 

(A) Prohibited conversions. 

( 1 ) Except as otherwise specified in this section, in all districts: 

(I) NO building used as a single-family dwelling may be 

ALTERED OR CHANGED TO BE USED FOR OCCUPANCY BY 

more than 1 fame-y; and 

(n) no building used as a two-family dwelling may be 
altered or changed to be used for occupancy by 
more than 2 families. 

(2) For purposes of this subsection, an empty building is 
considered to be a single-family dwelling unless it was last 
lawfully used, in compliance with the normal bulk 
requirements of the district in which it is located, as a 
dwelling for 2 or more famejes. 



857 



Ord. 99-547 1 998- 1 999 Session 



(B) Conditional use conversion — a uthorized. 

^Fhe In all districts except the R-2, R-4, R-5, and R-6 Districts. 
THE Board may authorize, as a conditional use in all districts , 

THE CONVERSION OF A BUILDING FOR USE BY MORE THAN 1 FAMILY, AS 
LONG AS THE NUMBER OF FAMILIES PERMITTED IS IN CONFORMITY 
CONFORMS WITH THE APPLICABLE BULK REGULATIONS FOR THE DISTRICT 
IN WHICH THE BUILDING IS LOCATED. 

(c) Conditional use conversion — procedures. 

( 1 ) In ADDITION TO THE REQUIREMENTS OF TITLE 1 4 { "CONDITIONAL 

Uses" } of this article, the following procedures apply to a 
conditional use requested under this section. 

(2) When the application is filed, the applicant must submit to 
THE Department of Housing and Community Development 

plats and construction and floor plans adequate for THE 

Department's review. 

(3) The Department of Housing and Community Development 
must submit to the Board a written advisory 
recommendation. however, the board may proceed 
without that recommendation if the department fails to 
submit it within 3 weeks of the date the department 
received the plats and plans. 

(4) The Department of Planning must submit to the Board a 
written advisory recommendation on the effect of the 
proposed conversion on the neighborhood. however, the 
Board may proceed without that recommendation if the 
Department fails to submit it within 3 weeks of the date the 
Board asked for it. 

Revisor's Note 

This section is new language derived without substantive 
change from Anicle 30, §2.0-12 {as amended by Ordinance 
99-425}. 



858 



1 998- 1 999 Session Ord. 99-547 



Defined terms: 

Board §1-118 May c/ §1-211 

Building § 1 - 1 2 1 Must c/ § 1 -2 1 1 

Dwelling §1-136 No ... may c/ §1-211 

Family §1-142 Use §1-196 



3-306. Preexisting uses, structures, and lots. 

(A) Unla wful preexisting uses and structures. 

Any structure or use that is unlawfully existing: 

( 1 ) does not become lawful solely by the adoption of this 
article or any amendment to it; and 

(2) to any extent or manner that the unlawful structure 
or use is in conflict with the requirements of this 
article, that structure or use remains unlawful. 

(B) Lawful preexisting uses reclassified as conditional. 

( 1 ) If AN EXISTING LAWFUL USE IS RECLASSIFIED BY THIS ARTICLE AS A 

conditional use in the district in which it is located, the use 
may be continued as a lawful conditional use subject to the 
conditions and restrictions previously imposed on it by law 
or regulation. 

(2) Any change to that use, including any expansion, 
relocation, or structural alteration, is subject to the 
procedures and requirements imposed by this article on 

CONDITIONAL USES. 

(c) Nonconforming uses. 

If an existing lawful use is reclassified by THIS ARTICLE OR BY ANY 

amendment to it so that it no longer is allowed in the district in 
which it is located, the use may be continltd as a 
nonconforming use subject to the provisions of title 1 3 
{"Nonconformance"} of this article. 



859 



Ord. 99-547 1 998- 1 999 Session 

(D) Preexisting lot of record. 

( 1 ) This subsection does not apply in an Industrial District. 

(2) On a lot that was established before April 20, 1 97 1 , a 
single-family dwelling may be established regardless of 
the minimum lot area requirements imposed by this article, 
as long as all other requirements of this article are met. 

Revisor's Note 

Subsections (a) and (b) of this section are derived from 
Article 30, §§2.0-lc and 2.0-10, respectively. Subsection 
(c) is new language that combines the like provisions of 
Article 30, §§3A.0-lc, 3B.0-lc, 3C.0-lc(l« par), 4.0-lc, 
5.0- Ic, 6.0- Ic, and 7.0- Id. Subsection (d) is new language 
that combines the like provisions of Article 30, §§4.0-2a4, 
5.0-2a4, 6.0-2a3, and 13.0-2-55. 

In subsections (a), (b), and (c), obsolete references to the 
effective date of the previous code (April 20, 1971) are 
deleted and the provisions revised to clarify, as is the 
administrative interpretation and practice, their continuing 
applicability. 

In subsection (b)(2), the defined term "expan[sion]" is 
substituted for "extension" and "enlargement". 





Defined terms: 






Dwelling 


§1-136 


May 


cf. §1-211 


Expand 


§1-141 


Nonconforming use 


§1-166 


Includes; 


including §1-152 


Structural alteration 


§1-192 


Lot 


§1-154 


Structure 


§1-193 


Lot area 


§1-155 


Use 


§1-196 



3-307. Property divided by zoning district line. 

Where a lot is divided into 2 or more parts by a zoning district line: 

( 1 ) FOR ALL purposes EXCEPT DENSITY, EACH PART MUST COMPLY WITH 
ALL OF THE REGULATIONS APPLICABLE TO ITS ZONING 
CLASSmCATION; AND 



860 



1 998- 1 999 Session Ord. 99-547 



(2) FOR DENSITY PURPOSES, THE LOT AREA COMPUTATION OF EACH PART 
MAY BE TOTALED AND THEN DISTRIBUTED THROUGHOUT THE LOT, 
WITHOUT REGARD TO THE ZONING LINES. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §2.0-2. 







Defined terms: 


Lot 




§1-154 


Lot 


area 


§1-155 



May c/ §1-211 

Must c/ §1-211 



§3-308. Off-street PARKING. 

Off-street parking spaces must be provided in accordance with 
Title 10 {"Off-Street Parking Regulations"} of this article. 

Revisor's Note 

This section is new language that brings together in one 
place the repeated provisions of Article 30, §§4.0-3, 5.0-3, 
6.0-3, 7.0-3. 

Defined terms: 

Must c/ §1-211 

§ 3-309. Signs. 

Signs are allowed only in accordance with Title 1 1 { "Sign 
Regulations"} of this article. 

Revisor's Note 

This section is new language that brings together in one 
place the repeated provisions of Article 30, §§4.0-4, 5.0-4, 
6.0-4, 7.0-4. 



861 



Ord. 99-547 1 998- 1 999 Session 

Defined terms: 
Sign §1-189 



§3-310. Public USE. 

Amendments involving publicly owned property held for a 
governmental use must comply with title 16 { "legislative 
Authorizations and Amendments" } of this article. 

Revisor's Note 

This section is new language that brings together in one 
place the repeated provisions of Article 30, §§4.0-5, 5.0-5, 
6.0-5, 7.0-5. 

Defined terms: 

Governmental use c/ § 8- 1 1 Use § 1 - 1 96 

Must c/ §1-211 



Title 4 
Residence Districts 

Subtitle 1, Overview; General Requirements 

PartL Overview 

4-101. Purpose OF districts. 

Twelve Residence Districts, each designed for a specific purpose and 
function, are provided to: 

( 1 ) meet the housing needs of the city's present and future 
population; and 

(2) promote the stability and desirability of residential areas. 



862 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from the 1" sentence of the introductory paragraph to 
Chapter 4 of Article 30. 

The number of districts is corrected to reflect the addition of 
the R-IA and R-IB Districts. 



- § 4-102. Basic scope. 

(A) Range OF HOUSING TYPES. 



Both Single-Family and General Residence Districts are 
established, with the general residence districts allowing a 
broad range of housing types. 

(B) Community FACILITIES; open land uses. 

Residence Districts also allow for community FACiLrnEs and 

OPEN LAND USES THAT SERVE RESIDENTS AND ARE CUSTOMARILY 
LOCATED IN RESIDENTIAL NEIGHBORHOODS. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"^ and 3'"* sentences of the introductory 
paragraph to Chapter 4 of Article 30. 

Defined terms: 

Use §1-196 

§ 4-103. {Reserved} 

Part II. General Requirements 

§ 4-104. In GENERAL. 

In ADDITION TO THE GENERAL PROVISIONS OF TITLE 3 { "GENERAL RULES ... " } 

of this article and the regulations speciited in this title for a 
particular district, the following provisions apply to all residence 
Districts. 

863 



Ord. 99-547 1 998- 1 999 SESSION 



Revisor's Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, §4.0-2. 

A cross-reference to Title 3 is added for clarity. 
§4-105. Lot AREA AND COVERAGE. 

(A) In GENERAL. 

Except as specified in § 3-306(d) {"Preexisting lot of record"} of 
this article or § 4-106 {"preexisting accessory carriage house"} 
of this subtitle, no use may be established and maintained on a 
lot that is smaller than the size required by this title for that 
use in the district in which the use is to be located. 

(B) General Residence Districts — open space reduction. 

In a General Residence District, if the front, side, or rear lot 
line of a lot adjoins or is directly across a street or alley from 
a permanent open space that is at least 5 acres and at least 200 
feet deep perpendicular to the lot line, the required lot area 
per dwelling unit may be reduced by up to 1 5%. 

(c) General Residence Districts — computations. 

( 1 ) In A General Residence District, the maximum number of 
permitted dwelling units on a lot is determined by dividing 
the total area of the lot by the lot area requirement that 
applies to the district in which the lot is located. 

(2) On a lot with 3 or more dwelling units, a fraction of the 
total area that is 50% or more of the required lot area 
factor counts as an additional permitted dwelling unit. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.0-2al through 2a3. 

As to subsection (b) of this section, the statements in former 
§§4.1A-3 and 4.1B-3 that this provision does not apply in an 



864 



p 



1 998- 1 999 Session Ord. 99-547 



R-IA or R-IB District is deleted as superfluous given the 
express limitation here to a "General Residence District". 

Defined terms: 

Adjoining §1-104 May c/ §1-211 

Alley §1-108 No ... may c/ §1-211 

Dwelling unit § 1 - 1 37 Permanent open space § 1 - 1 73 

Lot §1-154 Street §1-190 

Lot area §1-155 Use §1-196 

Lot line §1-156 



§ 4-106. Preexisting accessory carriage house. 

(A) " Carriage house " defined. 

In this section, "carriage house" means an accessory building of 

2-STORY construction THAT FORMERLY WAS USED OR INTENDED TO BE 
USED FOR THE STORAGE OF HORSES AND CARRIAGES. 

(B) Conversion IN R-7 THROUGH R- 10 Districts. 

Notwithstanding § 4- 105(a) {"Lot area and coverage: In 
general"} of this subtitle, an accessory carriage house existing 

ON APRIL 20, 197 1 , IN AN R-7, R-8, R-9, OR R-10 DISTRICT MAY BE 
SUBDIVIDED AND CONVERTED INTO A SINGLE-FAMILY DWELLING, IF: 

( 1 ) THE NEW LOT AREA MEETS THE MINIMUM LOT AND YARD 
REQUIREMENTS THAT APPLY TO SINGLE-FAMILY ATTACHED 
DWELLINGS IN THE APPLICABLE DISTRICT; 

(2) THE BUILDING CONTAINS AT LEAST 1 , 100 SQUARE FEET OF GROSS 
FLOOR area; AND 

(3) ALL OTHER REQUIREMENTS OF THIS ARTICLE ARE MET OR, WITH 
A VARIANCE OBTAINED UNDER TITLE 15 {" VARIANCES"} OF 
THIS ARTICLE, CAN BE MET. 



865 



Ord. 99-547 1 998- 1 999 SESSION 



(c) Certain structures in historic preservation district. 

In any Historic and Architectural Preservation District, a 1- 

STORY accessory BUILDING MAY BE RESTORED AS A 2-STORY SINGLE- 
FAMILY DWELLING IF: 

( 1 ) IT CAN BE PROVED THAT THE ACCESSORY BUILDING WAS 
FORMERLY OF 2-STORY CONSTRUCTION; AND 

(2) ALL OTHER REQUIREMENTS OF THIS SECTION ARE MET. 

(D) Increase IN DENSTTY UMFT PROHIBTTED. 

No APPLICATION OF THIS SECTION MAY RESULT IN AN INCREASE IN 
DENSITY OVER THE LIMIT APPUCABLE TO THE ORIGINAL LOT BEFORE 
SUBDIVISION. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §§4.0-2a5 and 13.0-2-15. 

In subsection (b)(2) of this section, the defined ter, "gross 
floor area" is substituted for "floor area" for clarity. 

Also in subsection (b)(2), the former requirement for a 
"minimum two-story construction" is deleted in light of the 
definitional limitation to "2-story construction". 

In subsection (b)(3) of this section, the former reference to a 
"special exception" is deleted. See General Revisor's Note 
to Title 15 of this article. 

Defined terms: 

Accessory structure §1-102 Lot area §1-155 

Building §1-121 May c/ §1-211 

Dwelling §1-136 No ... may c/ §1-211 

Lot §1-154 Yard §1-198 



866 



1 998- 1 999 Session Ord. 99-547 

§ 4-107. Yards. 

(A) Accessory STRUCTURES. 

( 1 ) Except as specified in paragraph (2) of this subsection, 

ACCESSORY structures MUST COMPLY WITH THE YARD 
REQUIREMENTS OF THE PRINCIPAL STRUCTURE. 

(2) In R-9 AND R- 1 Districts : 

(I) AN ATTACHED GARAGE THAT IS NO MORE THAN 1 2 FEET 
HIGH NEED NOT COMPLY WITH THE REAR YARD 
REQUIREMENTS OF THE PRINCIPAL STRUCTURE; AND 

(n) AN ACCESSORY GARAGE ATTACHED TO A MULTIPLE-FAMILY 
DWELLING OR AN APARTMENT HOTEL NEED NOT COMPLY 
WITH ANY OF THE YARD REQUIREMENTS OF THE PRINCIPAL 
STRUCTURE. 

(B) Using a verage of existing improvements. 

( 1 ) This subsection applies to a subsequently-erected or - 
expanded structure on a block where lots having 50% or 
more of the frontage on the same side of a street and within 
200 feet of either of the structure's side lot lines have 
already been improved with structures that have front 
yards of more or less depth than required by this title. 

(2) The required front-yard depth for the subsequently- 
erected OR -EXPANDED STRUCTURE WITHIN THAT FRONTAGE IS THE 
AVERAGE DEPTH OF THE FRONT YARDS OF THE ALREADY-IMPROVED 
LOTS, BUT IN NO CASE MORE THAN 40 FEET. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.0-2b2 and 2b3. 

In subsection (b) of this section, the defined term 
"expand[ed]" is substituted for "extend[ed]". 



867 



Ord. 99-547 



1998-1999 Session 



The provisions of §4.0-2bl are deleted as redundant of the 
rule already stated in both §l-198{"Yard"} and §3-209(a) 
{"Projections ... into required yards: In general"}. 





Defined terms: 






Accessory 


structure 


§1-102 


Lx)t line 


§1-156 


Apartmeni 


f hotel 


§1-111 


Must 


c/ §1-211 


Block 




§1-117 


Principal structure 


§1-177 


Dwelling 




§1-136 


Street 


§1-190 


Erect 




§1-140 


Structure 


§1-193 


Expand 




§1-141 


Yard 


§1-198 


Lot 




§1-154 







4-108. Building height and floor area ratio. 

(A) In GENERAL 

( 1 ) Single-family residences are regulated on the basis of 

MAXIMUM building HEIGHTS ESTABLISHED FOR THE DISTRICT IN 
WHICH THE RESIDENCE IS LOCATED. 

(2) Except as specified in subsection (b) of this section, all 
other uses in all districts are regulated on the basis of 
floor area ratio limitations established for the district in 
which the use is located. 

(B) Multiple-family DWELUNG IN R-2, R-4, and R-5 Districts. 

Notwithstanding any other provision of this article, in R-2, R-4, 
AND R-5 Districts, no multiple-family dwelling may be erected 

TO EXCEED a HEIGHT OF 40 FEET, EXCEPT IN SPECIFIC CASES AUTHORIZED 
BY ORDINANCE OF THE MAYOR AND ClTY COUNCIL. 

(c) Open space reduction in General Residence Districts. 

In a General Residence District, if the front, side, or rear lot 

LINE OF A lot ADJOINS OR IS DIRECTLY ACROSS A STREET OR ALLEY FROM 
A PERMANENT OPEN SPACE THAT IS AT LEAST 5 ACRES AND AT LEAST 200 
FEET DEEP PERPENDICULAR TO THE LOT LINE, THE FLOOR AREA RATIO 
MAY BE INCREASED BY UP TO 15%. 



868 



1998-1999 Session Ord. 99-547 



Revisor's Note 



Defined terms: 


Adjoining 


§1-104 


Alley 


§1-108 


Building 


§1-121 


Dwelling 


§1-136 


Erect 


§1-140 


Floor area ratio 


§1-145 


Lot 


§1-154 



This section is new language derived without substantive 
change from Article 30, §4.0-2c. 



Lot line §1-156 

May c/ §1-211 

No ... may cf. §1-211 

Permanent open space § 1 - 1 73 
Street §1-190 

Use §1-196 



§ 4-109. Bulk regulations for certain conditional uses. 

Wherever this title states that bulk regulations for a conditional 
use are "as [the] board requires", the board must apply the 

STANDARDS EM TITLE 1 4 { "CONDITIONAL USES" } OF THIS ARTICLE IN SETTING 
THOSE REQUIREMENTS. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.0-2d. 

DeHned terms: 

Board §1-118 Use §1-196 

Must c/ §1-211 



Subtitle!. R-l Single-Family Residence District 

Part I. Use Regulations 
§ 4-201. Permitted uses. 

In AN R-l District, permitted uses are as follows: 

( 1 ) S INGLE-FAMILY DETACHED DWELLINGS . 



869 



Ord. 99-547 1 998- 1 999 Session 

(2) Agricultural uses, including nurseries and truck gardens 
— BUT only df: 

(I) NO retail SALES ARE MADE on THE PREMISES; AND 
(n) NO OFFENSIVE ODOR OR DUST IS CREATED. 

(3) Day care facdlities, as follows; 

(I) Day care homes : family. 

(u) Day nurseries and nursery schools that are 

LOCATED IN PUBLIC OR PRIVATE SCHOOLS AND OPERATE 

ONLY Monday through Friday, 6 a.m. through 6 p.m. 
(ra) School- AGE child care centers that are located in 

PUBLIC OR private SCHOOLS AND OPERATE ONLY MONDAY 

THROUGH Friday, 6 a.m. through 6 p.m. 

(4) Educational and cultural institutions: nonprofit or 
publicly owned, as follows: 

(I) Elementary and secondary schools. 

(n) Community colleges, colleges, and universities — 

BUT NOT INCLUDING BUSINESS COLLEGES OR TRADE 
SCHOOLS. 

(in) Libraries AND ART GALLERIES. 

(IV) Museums, aquariums, and planetariums. 

(5) Recreational FACiLmES: nonprofit or publicly owned, as 

FOLLOWS: 

(I) Athletic fields. 

(II) Golf courses — but not golf driving ranges, "pitch 

AND PUTT", OR MINIATURE GOLF COURSES. 

(m) Parks and playgrounds. 



870 



1 998- 1 999 Session Ord. 99-547 

(IV) Recreation buildings and community centers. 

(V) Tennis and lacrosse clubs. 

(6) Religious institutions, as follows: 

(I) Churches, temples, and synagogues. 
(n) Convents, seminaries, and monasteries. 

(7) Video and electronic games and coin-operated pool tables 
dm recreation centers operated by the city — but only if 
their installation has been approved by the board of 
Recreation and Parks. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.1 -la. 

In item (3) of this section, the reference to "group day care 
centers" is deleted as unnecessary, since they are 
encompassed within "day nurseries", as defined. Also, the 
word "only" is added to the operating hours for clarity. 

In item (4) of this section, "secondary schools" is substituted 
for the obsolete "junior and senior high schools", and 
"community colleges" is substituted for the obsolete"junior 
colleges". 



Defined terms: 






Building 


§1-121 


Nonprofit 


§1-167 


Day care home: family 


§1-131 


Nursery school 


§1-168 


Day nursery 


§1-132 


Premises 


§1-176 


Dwelling 


§1-136 


Use 


§1-196 


Includes; including 


§1-152 







§ 4-202. Accessory uses. 

In AN R-l District, accessory uses and structures include the 

FOLLOWING: 



871 



Ord. 99-547 1 998- 1 999 SESSION 



( 1 ) Accessory radio and television antennas that extend no 
more than 1 2 feet above the building on which they are 
mounted — but not including microwave antennas 
(satellite dishes). 

(2) accessory microwave antennas (satellite dishes), as 

FOLLOWS: 

(I) A MOUNTED SATELLITE DISH THAT: 

(A) IS ATTACHED TO THE REAR HALF OF THE ROOF OF 
THE PRINCIPAL BUILDING AT LEAST 5 FEET BEYOND 
THE CENTER LINE OF THE ROOF; AND 

(B) HAS THE FOLLOWING DIMENSIONS: 

1 . IF CONSTRUCTED OF SOLID MATERIAL, IT: 

A. IS 4 FEET OR LESS IN DIAMETER ; 
AND 

B . PROJECTS 6 FEET OR LESS FROM 
THE BUILDING ON WHICH IT IS 
MOUNTED; AND 

2. IF CONSTRUCTED OF EXPANDED 
ALUMINUM MESH OR WIRE SCREEN, IT: 

A. IS 6 FEET OR LESS IN DIAMETER; 
AND 

B . PROJECTS 8 FEET OR LESS FROM 
THE BUILDING ON WHICH FT IS 
MOUNTED. 

(U) A FREE-STANDING SATELLITE DISH THAT IS : 

(A) MOUNTED ON A SINGLE STANCHION; 

(B) 6 FEET OR LESS IN DIAMETER; 

(C) LESS THAN 10 FEET HIGH; AND 

872 



1 998- 1 999 Session Ord. 99-547 



(D) CONSTRUCTED OF EXPANDED ALUMINUM MESH OR 
WIRE SCREEN. 

(ffl) Any ACCESSORY SATELLITE DISH NOT EXCEEDING 12 FEET 
IN DIAMETER THAT IS LOCATED: 

(A) ON THE PREMISES OF A TAVERN, REGARDLESS OF 
LOT SIZE; OR 

(B) ON THE PREMISES ONE OF THE FOLLOWING USES, IF 
THE USE IS ON LOT OF AT LEAST 7,500 SQUARE 
FEET: 

1 . Convalescent, nursing, or rest 

HOMES. 

2. Educational and cultural 
institutions: nonprofit or publicly 

OWNED, as specified IN § 4-201(4) OF 
this SUBTITLE. 

3 . Hotel and motels. 

3 . Housing for the elderly. 

4 . Medical facdlities : nonprofit or 
publicly owned. 

5. Religious institutions, as specified in 
§ 4-201(6) OF this subtitle. 

6. VFW AND American Legion Posts. 

(3) ANMALFACILmES, as FOLLOWS: 

(I) Dog or cat kennels : private, operated and 

maintained in conformance with the health code of 
Baltimore City. 

(n) fadlities that house pets and wild animals, as 
permitted under the health code of baltimore 
City. 



873 



Ord. 99-547 1 998- 1 999 SESSION 



(4) Club houses and similar structures on the grounds of golf 

COURSES, tennis CLUBS, OR LACROSSE CLUBS. 

(5) Foster homes for no more than 6 children. 

(6) Garages. 

(7) Grandstands in athletic fields. 

(8) Greenhouses used to grow plants as a hobby or for the 
resident's personal use. 

(9) Home occupations. 

( 1 0) Swimming pools and tennis courts. 

(11) Temporary real estate sales ofrces, for the purpose of 
conducting the sale of lots or improvements in the 
development in which the ofhce is located — but only for a 
period not to exceed the duration of active construction 
and for 1 year following. 

( 1 2) Temporary storage of building materials and equipment 
and temporary structures for on-site construction 
purposes — but only for a period not to exceed the duration 
of active construction. 

(13) Tool houses and similar structures for the storage of 

ACCESSORY supplies. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.1 -lb. 

In the introductory clause of this and counterpart sections, 
the phrase "incidental to and on the same lot as a principal 
use" is deleted as unnecessary and misleadingly incomplete, 
given the more-encompassing provisions in §1-102 
(defining "accessory use" ) and the same-lot requirements of 
§3-304 of this article. Also in that introductory clause, the 
phrase "but not limited to" is deleted as unnecessary in light 
of the definition of "includes; including" to the same effect. 



874 



Includes; including 


§1-152 


Lot 


§1-154 


Nonprofit 


§1-167 


Premises 


§1-176 


Principal structure 


§1-177 


Structure 


§1-193 



I 



1 998- 1 999 Session Ord. 99-547 



In item (1) of this section, "no more than 12 feet" is 
substituted for "less than 1 2 feet" to correct the gap that 
otherwise exists between this provision and §4-203(1) 
(former §4.1-lcl), which requires conditional use approval 
only if the antenna extends "more than 12 feet". 

In item (2)(iii)(B) of this section, the defined term 
"convalescent, nursing, or rest homes" is substituted for 
"nursing homes" for clarity and consistency. 

The specific listing for "signs, as regulated by" is deleted as 
unnecessary, given the provisions of §3-309 {"Signs"} and 
Title 11 {"Sign Regulations"} itself. 

Defined terms: 

Accessory use or structure§l-\02 
Building §1-121 

City Code §1-125 

Convalescent . . . home § 1 - 1 29 
Dog or cat kennel: private^\-\34 
Home occupation § 1 - 1 50 

Housing for elderly §1-151 Use §1-196 



§4-203. Conditional USES — Board approval required. 

In AN R-1 DISTRICT, conditional USES THAT REQUIRE BOARD APPROVAL 

are as follows: 

( 1 ) Accessory radio and television antennas that are free- 
standing OR THAT EXTEND MORE THAN 1 2 FEET ABOVE THE 

building on which they are mounted — but not including 
microwave antennas (satellite dishes). 

(2) Accessory microwave antennas (satellite dishes), as 

FOLLOWS: 

(I) A MOUNTED SATELLITE DISH THAT: 

(A) IS ATTACHED TO THE FRONT HALF OF THE ROOF OF 
THE PRINCIPAL BUILDING OR TO THE REAR HALF OF 
THE ROOF LESS THAN 5 FEET BEYOND THE CENTER 
LINE; AND 



875 



Ord. 99-547 1 998- 1 999 Session 



(b) has the following dimensions: 

1 . if constructed of soled material, it: 

a. is over 4 feet in diameter; or 

b . projects more than 6 feet 
from the building on which 
it is mounted; and 

2. if constructed of expanded 
aluminum mesh or wire screen, it: 

a. is over 6 feet in diameter; or 

b . projects more than 8 feet 
from the building on which 
it is mounted. 

(n) a free-standing satellite dish that is : 

(a) more than 6 feet in diameter; 

(b) more than 10 feet high; or 

(c) not constructed of expanded aluminum 
mesh or wire screen. 

(3) Boats and boat trailers: parking or storage. 

(4) Cemeteries, including accessory crematoriums and 
mausoleums. 

(5) Clubs and lodges: nonprofit. 

(6) Day nurseries and nursery schools. 

(7) Foster homes for more than 6 children. 

(8) Governmental services, as follows: 

(I) Fire and police stations. 
876 



1 998- 1 999 Session Ord. 99-547 



(n) Sewerage pumping stations. 

(ffl) Water filtration plants, reservoirs, and pumping 

STATIONS. 

(9) Health and medical institutions: for care of aged or 
children. 

(10) Helistops. 

(11) Marinas: ACCESSORY. 

(12) Marinas: RECREATIONAL. 

(13) Multi-purpose neighborhood centers. 

(14) Public utility uses, as follows: 

(I) Antenna towers, microwave relay towers, and 
similar installations for communications 
transmission or receiving. 

(n) Bus AND transit turnarounds and passenger 
shelters. 

(ffl) Overhead electric transmission lines (above 69-kV) 
on rights-of-way acquired before January 1, 1969. 

(IV) Railroad rights-of-way and passenger stations — 

BUT NOT including RAILROAD YARDS AND SHOPS. 

(V) Repeater, transformer, pumping, booster, switching, 
conditioning, and regulating stations, and similar 
installations. 

(VI) Telephone exchanges. 

(15) Recycling collection stations when an accessory use to a 

school, church, recreation facility, OR PUBLIC FACILITY. 

(16) Swimming pools: nonprofit or publicly owned. 



877 



Ord. 99-547 



1998-1999 Session 



( 1 7) Travel trailers, recreational vehicles, and similar 
camping equipment: parking or storage. 

( 1 8) Uses accessory to a conditional use listed above. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.1-lc. 

In item (3) of this section, "parking or storage" is added for 
clarity. This conforms to the similar reference in item (17) 
of this section, dealing with travel trailers, etc., and in §14- 
306 of this article(former §1.0-5al3), which deals with both 
boat and travel trailer uses in terms of parking or storage. 

In item (6) of this section, the reference to "group day care 
centers" is deleted as unnecessary, since they are 
encompassed within "day nurseries", as defined. 

In item (17) of this section, "recreational vehicles" is added 
to clarify the reference to "similar camping equipment". 

Former §4.1-lc9a, authorizing certain open off-street 
parking areas for Memorial Stadium events, is deleted as 
obsolete. 

Former §4.1-lcl2, authorizing continuation by conditional 
use of certain physician's and dentist's offices that have 
been so used at least since 1969, is deleted as obsolete. Any 
such offices for which the necessary approval were timely 
obtained would, of course, be able to continue that use, 
subject to the terms and conditions of the conditional use 
approval. And it is unlikely that any offices that have been 
operating all these years without the required approval could 
now apply and receive that approval. 





Defined terms: 






Accessory use or structure 


§1-102 


Marina 


§1-157 


Automobile 




§1-114 


Multi- purpose ... center 


§1-163 


Board 




§1-118 


Nonprofit 


§1-167 


Building 




§1-121 


Nursery school 


§1-168 


Day nursery 




§1-132 


Principal structure 


§1-177 


Helistop 




§1-149 


Recycling collection station 


§1-182 


Includes; including 




§1-152 


Structure 


§1-193 



878 



I 



1 998- 1 999 Session Ord. 99-547 

Travel trailer §1-195 Use §1-196 

§4-204. Conditional USES — ordinance required. 

In AN R-l District, conditional uses that require approval by 
ordinance are as follows: 

( 1 ) Community correction centers . 

(2) Convalescent, nursing, and rest homes. 

(3) Hospitals. 

(4) Parking, open off-street areas, other than accessory, for 

THE parking of 4 OR MORE AUTOMOBILES — BUT ONLY IF NO 

charge or fee is imposed for parking. 

(5) Planned unit developments: residential. 

(6) Substance abuse treatment centers. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.1 -Id. 

Defined terms: 

Accessory use §1-102 Convalescent ... home §1-129 

Automobile §1-114 Substance abuse ... center §1-194 

Community correction center §1-128 Use §1-196 

§ 4-205. {Reserved} 

PartIL Bulk Regulations 
§4-206. Lot area and coverage. 

(A) Permitted uses. 



879 



Ord. 99-547 



1998-1999 Session 



Each principal permitted use in an R-1 District must comply with 

THE following REQUIREMENTS FOR MINIMUM LOT AREA AND FOR THE 
MAXIMUM PERCENTAGE OF A LOT THAT MAY BE COVERED BY 
STRUCTURES: 





Minimum 


Maximum 




LotArea 


Lot 
Coverage 


Single-family 






DETACHED DWELLINGS 


7,300 SQ. ft. 


30' 


Parks and playgrounds 


No REQUIREMENTS 


All OTHER PRINCIPAL 






PERMirihDUSES 


21,900 SQ.FT. 


PerFAI 



(B) Accessory USES. 

The PERCENTAGE OF THE LOT COVERED BY STRUCTURES IN AN R- 1 

District, both for the principal uses and for all accessory uses, 
may not exceed the maximum lot coverages specified in 
subsections (a) and (c) of this section. 

(c) Conditional USES. 

Principal conditional uses in an R-1 District must comply with 

THE minimum lot AREA AND THE MAXIMUM LOT COVERAGE 
REQUIREMENTS FOR SINGLE-FAMILY DETACHED DWELLINGS, EXCEPT AS 
FOLLOWS: 



Minimum 
LotArea 



Maximum 

Lot 

Coverage 



Cemeteries 



5 ACRES 



Clubs and lodges: 
nonprofit 

Governmental services 



80,000 SQ. FT. Per FAR 

As Board requires 



880 



I 



1998-1999 Session 



Ord. 99-547 



Health and medical 
institutions 

Helistops 

Parking, open 
off-street areas 

Planned unit developments: 
residential 

Public utility uses 

Swimming pools 

Revisor's Note 



21,900 SQ.FT. Per FAR 

As Board requires 

As ORDINANCE REQUIRES 

As IN Title 9 

As Board requires 

40,000 SQ. FT. 



This section is new language derived without substantive 
change from Article 30, §4.1 -2a. 



May not c/ §1-211 

Must c/ §1-211 

Nonprofit §1-167 

Principal use or structure § 1 - 1 77 

Structure §1-193 

Use §1-196 



Deflned terms: 


Board 


§1-118 


Dwelling 


§1-136 


Floor area ratio; FAR 


§1-145 


Helistop 


§1-149 


Lot 


§1-154 


Lot area 


§1-155 


May 


c/ §1-211 


§ 4-207. Yards. 




(A) PERMirrED USES 





For each principal permitted use in an R-1 District, a front yard, 
TWO side yards, and a rear yard must be provided with the 

following minimum DEPTHS: 



881 



Ord. 99-547 



1998-1999 Session 



Front Interior Street 
Side Corner 

Side 
Single-family 
detached dwellings 30 ft. 10 ft. 



Rear 



agricultural uses 

All other principal 
permitted uses 



20 ft. 30 FT. 
No REQUIREMENTS 



50 ft. 20 ft. 



35 ft. 50 ft. 



(B) Accessory USES. 

The yard requirements for a principal use in an R-1 District 
apply to all structures used for accessory purposes, except as 

FOLLOWS: 



Detached garages or 
structures accessory 
to all dwellings 



May be located in rear 

YARDS ONLY. MUST HAVE 20- 
FOOT SETBACK FROM ANY 
STREET LINE. NO OTHER SIDE 
YARD OR REAR YARD 
REQUIREMENTS APPLY. 



Club houses and 
other structures on 
the grounds of golf 
courses, tennis clubs, 
and lacrosse clubs 



Must be located at least 
1 00 feet from nearest lot 
LINE IN A Residence District 



Grandstands in 
athletic fields 



Must be located at least 300 
feet from nearest lot line in a 
Residence District 



Mausoleums and 
crematoriums 



As Board requires 



882 



1998-1999 Session 



Ord. 99-547 



Temporary structures 
for construction 
purposes 



No REQUIREMENTS 



(c) Conditional USES. 



Principal conditional uses in an R-1 District must comply with 
the yard requirements for single-family detached dwellings, 
except as follows: 



Front 



cemeteries 

Clubs and lodges: 
nonprofit 50 ft 



Interior 
Side 



Street 
Corner 
Side 



Rear 



No REQUIREMENTS 



20 ft. 35 ft. 50 FT. 

But STRUCTURE MUST BE LOCATED AT LEAST 
1 00 FEET FROM NEAREST LOT LINE IN A 
RESIDENCE DISTRICT 



Governmental services 

Health and medical 
institutions 50 ft. 

Helistops 

Parking, open 
off-street areas 



As Board requires 

20 ft. 35 ft. 50 ft. 

As Board requires 

As ordinance requires 



Planned unit developments: 
residential As in Title 9 



Public utility uses 
Swimming pools 



As Board requires 
As Board requires 



883 



Ord. 99-547 



1998-1999 Session 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4. 1 -2b. 





Defined terms: 






Accessory- 


use or structure 


§1-102 


Nonprofit 


§1-167 


Board 




§1-118 


Principal use or structure 


§1-177 


Dwelling 




§1-136 


Street 


§1-190 


Helistop 




§1-149 


Street line 


§1-191 


Lot 




§1-154 


Structure 


§1-193 


Lot line 




§1-156 


Use 


§1-196 


May- 




c/ §1-211 


Yard 


§1-198 


Must 




c/ §1-211 







4-208. Building height and floor area ratio. 

(A) Permitted USES. 



Single-family 
dwellings 



Maximum 
Building Height 

35 ft. 



All OTHER PERMITTED USES IN AN R-1 DISTRICT ARE SUBJECT TO A 
MAXIMUM FLOOR AREA RATIO OF 0.4. 



(B) Accessory USES. 
InanR-1 District: 



( 1 ) THE MAXIMUM HEIGHT OF A STRUCTURE ACCESSORY TO A 
DWELLING IS 20 FEET; AND 

(2) THE FLOOR AREA OF ALL ACCESSORY USES, TOGETHER WITH THE 
FLOOR AREA OF THE PRINCIPAL USE, MAY NOT EXCEED THE 
TOTAL ALLOWABLE FLOOR AREA PERMITTED FOR THE PRINCIPAL 
USE UNDER SUBSECTIONS (A) AND (C) OF THIS SECTION. 



884 



1998-1999 Session 



Ord. 99-547 



(c) Conditional USES. 

The maximum floor area ratio of all principal conditional uses 
IN AN R-1 District is 0.4, except as follows: 

Maximum 
Floor Area Ratio 



Governmental services 

Planned unit developments: 
residential 

Public utility uses 

Revisor's Note 



As Board requires 

As IN Title 9 

As Board requires 



This section is new language derived without substantive 
change from Article 30, §4.1 -2c. 

Defined terms: 

Accessory use or structure § 1 - 1 02 Floor area ratio § 1 - 1 45 

Board §1-118 May not c/ §1-211 

Building § 1 - 1 2 1 Principal use or structure § 1 - 1 77 

Dwelling §1-136 Structure §1-193 

Floor area for FAR c/ §1-302 Use §1-196 



Subtitles. R-IA Single-Family Residence District 

Part I. Use Regulations 

§ 4-301. Permitted uses. 

In AN R-1 A District, permitted uses are the same as those in an R-1 
District. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.1 A- la. 



885 



Ord. 99-547 1 998- 1 999 Session 

Deflned terms: 
Use §1-196 



§ 4-302. Accessory uses. 

In AN R-1 A District, accessory uses and structures are the same as 
THOSE in an R-1 District. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.1 A- lb. 

Deflned terms: 

Accessory use or structure § 1 - 1 02 Use § 1 - 1 96 

Structure §1-193 



§ 4-303. Conditional uses — Board approval required. 

In AN R-1 A District, conditional uses that require Board approval 
are the same as those in an R-1 District. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.1A-lc. 

Deflned terms: 

Board §1-118 Use §1-196 



§ 4-304. Conditional uses — ordinance required. 

In AN R-1 A District, conditional uses that require approval by 
ordinance are the same as those in an R-1 District. 



886 



1998-1999 Session 



Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.1 A- Id. 

Defined terms: 

Use §1-196 

4-305. {Reserved} 

Part 11. Bulk Reguiations 

4-306. Lot AREA AND COVERAGE. 

(A) Permitted uses. 

Each principal permitted use in an R-1 A District must comply 

WITH THE FOLLOWING REQUIREMENTS FOR MINIMUM LOT AREA AND FOR 
THE MAXIMUM PERCENTAGE OF A LOT THAT MAY BE COVERED BY 
STRUCTURES: 



Minimum 
LotArea 



Maximum 
Lot Coverage 



Single-family 
detached dwellings 

All OTHER PRINCIPAL 
PERMITTED USES 

(B) Accessory USES. 

As IN AN R-1 District. 

(C) CONDmONALUSES. 

As IN AN R-1 District. 



14,520 SQ. ft. 



As IN AN R-1 District 



25% 



887 



Ord. 99-547 



1998-1999 Session 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.1A-2a. 

In subsection (a) of this section, the specific listing for 
"parks and playgrounds" is deleted as unnecessary, since it 
is covered by the "all other" catchall, which incorporates the 
same requirements as in an R-1 District. 







Deflned terms: 






Dwelling 
Lot 

Lot area 
May 




§1-136 

§1-154 

§1-155 

c/ §1-211 


Must 

Principal use 
Structure 
Use 


c/ §1-211 
§1-177 
§1-193 
§1-196 


§ 4-307. 


Yards. 








(A) Permitted uses. 







For each principal permitted use in an R-1 A District, a front 

YARD, TWO SIDE YARDS, AND A REAR YARD MUST BE PROVIDED WITH THE 
following minimum DEPTHS: 



Front 



Interior 
Side 



Street 
Corner 
Side 



Rear 



Single-family 

detached dwellings 40 ft. 



15 ft. 



20 FT. 30 FT. 



All OTHER PRINCIPAL 

PERMITTED USES AS IN AN R- 1 DISTRICT 

(B) ACCESSORY USES 

As IN AN R- 1 District. 

(C) CONOmONAL USES. 

As IN AN R- 1 District. 



888 



1 998- 1 999 Session Ord. 99-547 



(D) General provisions inappucable to R-IA District. 

The provisions of § 3-207 {"Yards adjoining alleys"} of this 
article do not apply in an r-1 a district. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §§4.1A-2b and 4.1A-3. 

In subsection (d) of this section, the former reference to the 
inapplicability of former §4.0-2a2 (now §4- 105(b)) is 
deleted as superfluous given that provision's express 
application only to "General Residence Districts". 

Defined terms: 

ravelling §1-136 Street §1-190 

Must c/ §1-211 Use §1-196 

Principal use §1-177 Yard §1-198 



§ 4-308. Building height and floor area ratio. 

(A) Permttted uses. 

As IN AN R-1 DISTRICT. 

(B) Accessory uses. 

As IN AN R-1 District. 

(C) CONDTTIONAL USES. 

As IN AN R-1 District. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.1A-2c. 



889 



Ord. 99-547 1 998- 1 999 SESSION 

Subtitle 4. R-IB Single-Family Residence District 

Part I. Use Regulations 

§4-401. Permitted USES. 

In an R- I B District, permitted uses are the same as those in an R- 1 
District. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4. IB- 1 a. 

Defined terms: 

Use §1-196 



§ 4-402. Accessory uses. 

In an R- IB District, accessory uses and structures are the same as 
those in an R- 1 District. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4. IB- lb. 

Defined terms: 

Accessory use or structure § 1 - 1 02 Use § I - 1 96 

Structure §1-193 



§ 4-403. Conditional uses — Board approval required. 

In AN R-1 B District, conditional uses that require Board approval 
are the same as those in an R-l District. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.1B-lc. 



890 



1 998- 1 999 Session Ord. 99-547 

Defined terms: 

Board §1-118 Use §1-196 



§ 4-404. Conditional uses — ordinance required. 

In AN R- IB District, conditional uses that require approval by 
ordinance are the same as those in an R-1 District. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4. IB- Id. 

Defined terms: 

Use §1-196 



§ 4-405. {Reserved} 

PartIL Bulk Regulations 
§ 4-406. Lot area and coverage. 

(A) Permitted uses. 

Each principal permitted use in an R- IB District must comply 
with the following requirements for minimum lot area and for 
the maximum percentage of a lot that may be covered by 
structures: 

Minimum Maximum 

Lot Area Lot Coverage 

Single-family 

detached dwellings 2 1 ,780 sq. ft. 25% 

All OTHER PRINCIPAL 

PERMITTED USES AS IN AN R- 1 DISTRICT 



891 



Ord. 99-547 



1998-1999 Session 



(B) Accessory USES. 

As IN AN R- 1 District. 
(c) Conditional USES. 

AsdmanR-I District. 

Revisor's Note 

This section is new language derived without 
substantive change from Article 30, §4.1B-2a. 

In subsection (a) of this section, the specific listing for 
"parks and playgrounds" is deleted as unnecessary, 
since it is covered by the "all other" catchall, which 
incorporates the same requirements as in an R-1 
District. 





Defined terms: 






Dwelling 


§1-136 


Must 


c/ §1-211 


Lot 


§1-154 


Principal use 


§1-177 


Lot area 


§1-155 


Structure 


§1-193 


May 


c/ §1-211 


Use 


§1-196 



§ 4-407. Yards. 

(A) Permitted uses. 



For EACH PRINCIPAL permitted use in an R- IB District, a front 

Y.ARD, TWO SIDE YARDS, AND A REAR YARD MUST BE PROVIDED WITH THE 
FOLLOWING MINIMUM DEPTHS: 



Front 


Interior 


Street 




Side 


Corner 
Side 


Single-family 






DETACHED DWELLINGS 40 FT. 


20 ft. 


25 ft. 



Rear 



40 ft. 



892 



1 998- 1 999 Session Ord. 99-547 

All other principal 

permitted uses as in an r- 1 district 

(B) Accessory USES. 

AsinanR-1 District. 
(c) Conditional USES. 

As nsf an R-1 District. 
(D) General provisions inappucable to R-IB District. 

The provisions of § 3-207 {"Yards adjoining alleys"} of this 

ARTICLE do not APPLY IN AN R-1 B DISTRICT. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §§4.1B-2b and 4.1B-3. 

In subsection (d) of this section, the former reference to the 
inapplicability of former §4.0-2a2 (now §4- 105(b)) is 
deleted as superfluous given that provision's express 
application only to "General Residence Districts". 

Defined terms: 

Dwelling §1-136 Street §1-190 

Must c/ §1-211 Use §1-196 

Principal use §1-177 Yard §1-198 

§ 4-408. Building height and floor area ratio. 

(A) Permitted uses. 

As IN AN R-1 District. 

(B) Accessory USES. 

As in AN R-1 District. 



893 



Ord. 99-547 1 998- 1 999 SESSION 

(c) Conditional USES. 

As IN AN R-1 District. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.1B-2c. 

Subtitles. R-I General Residence District 

Part I. Use Regulations 
§ 4-501. Permitted uses. 

In an R-2 District, permitted uses are as follows: 

(1) As IN AN R-1 District. 

(2) Single-family semi-detached dwellings. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.2- la. 

Defined terms: 

Dwelling §1-136 Use §1-196 



§4-502. Accessory uses. 

In an R-2 District, accessory uses and structures are the same as 
those in an R-1 District. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.2- lb. 



894 



1 998- 1 999 Session Ord. 99-547 



Defined terms: 

Accessory use or structure § 1 - 1 02 Use § 1 - 1 96 

Structure §1-193 



§ 4-503. Conditional uses — Board approval required. 

In an R-2 District, conditional uses that require Board approval 
are as follows: 

( 1 ) As IN AN R- 1 District (unless ms a permitted use under § 4- 
501). 

(2) Multiple-family detached dwellings. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.2- Ic. 

In item (2) of this section, the parenthetical "for two or more 
families" is deleted as redundant. By definition, a multiple- 
family dwelling is for 2 or more families. 

Defined terms: 

Board §1-118 Use §1-196 

Dwelling §1-136 



§ 4-504. Conditional uses — ordinance required. 

In AN R-2 District, conditional uses that require approval by 
ordinance are as follows: 

( 1 ) As IN an R- 1 District. 

(2) Multiple-family dwellings that, together with any related 
or adjacent residential development, contain 100 or more 

dwelling UNITS. 

(3) Housing for the elderly. 

895 



Ord. 99-547 



1998-1999 Session 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.2- Id and the 6'*' sentence of 
§11.6-6d. 

In item ( 1 ) of this section, conforming to the pattern used for 
the other types of uses, a cross-reference is substituted for 
formerly listed items that merely duplicated those listed in 
theR-1 District. 

Deflned terms: 



Adjacent 
Dwelling 
Dwelling unit 



§1-103 
§1-136 
§1-137 



Housing for elderly 
Use 



§1-151 
§1-196 



§ 4-505. {Reserved} 



Part 11 Bulk Regulations 



§4-506. Lot AREA AND COVERAGE. 

(A) Permitted uses. 

Each principal permitted use in an R-2 District must comply with 
the following requirements for minimum lot area and for the 

maximum PERCENTAGE OF A LOT THAT MAY BE COVERED BY 
STRUCTURES: 



Minimum 
Lot Area 



Maximum 
Lot Coverage 



Single-family 
detached dwellings 



7,300 SQ. FT. 



30% 



Single-family semi- 
detached DWELLINGS 



7,300 SQ. FT. PER 
DWELLING UNIT 



30% 



Parks and playgrounds No requirements 



896 



1998-1999 Session 



Ord. 99-547 



All other principal 
permitted uses 



21,900 SQ.FT. 



Per far 



(B) Accessory USES. 

The percentage of the lot covered by structures in an R-2 
District, both for the principal uses and for all accessory uses, 
may not exceed the maximum lot coverages specified in 
subsections (a) and (c) of this section. 

(c) Conditional USES. 

As IN AN R-1 DISTRICT, EXCEPT AS FOLLOWS: 



Minimum 
LotArea 



Maximum 
Lot Coverage 



Multiple-family 

DETACHED DWELLINGS 



7,300 SQ. FT. PER 
DWELLING UNIT 



Per FAR 



Housing for the 

ELDERLY 



2,500 SQ. FT. PER 

efhciency unit and 

3,600 SQ. FT. PER 
OTHER DWELLING UNIT 



Per FAR 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.2-2a. 

The requirements for multiple-family detached dwellings are 
moved from the list of permitted uses to subsection (c) of 
this section, correcting an oversight made when Ordinance 
86-581 amended former §4.2-1 to change this use from 
permitted to conditional. 



Defined terms: 



Accessory use 
Dwelling 
Dwelling unit 
Efficiency unit 



§ I - 1 02 Floor area ratio; FAR § 1 - 1 45 

§1-136 Housing for elderly §1-151 

§1-137 Lot §1-154 

§1-138 Lotarea §1-155 



897 



Ord. 99-547 1 998- 1 999 Session 



May c/ § 1 -2 1 1 Principal use § 1 - 1 77 

May not c/ §1-211 Structure §1-193 

Must c/ §1-211 Use §1-196 



4-507. Yards. 

(A) Permitted USES. 

For each principal permitted use in an R-2 District, a front yard, 
two side yards, and a rear yard must be provided with the 
following minimum depths: 

Rear 



30 ft. 



30 ft. 



Front 


Interior 


Street 






Side 


Corner 
Side 


Single-family 








DETACHED DWELLINGS 


30 ft. 


10 ft. 


20 ft. 


Single-family semi- 








detached DWELLINGS 


30 ft. 


15 ft. 


20 ft. 


Agricultural uses 




No REQUIREMENTS 


All OTHER PRINCIPAL 








PERMl riED USES 


50 ft. 


20 ft. 


35 ft. 



50 ft. 

(B) Accessory USES. 

As IN AN R-l District. 

(C) CONDTFIONAL USES. 

As IN AN R-l District, except as follows: 

Rear 



30 ft. 



Front 


Interior 


Street 




Side 


Corner 
Side 


Multiple-family 






DETACHED DWELLINGS 30 FT. 


15 ft. 


20 ft. 


Housing for the 






ELDERLY 30 FT. 


15 ft. 


20 ft. 



30 ft. 
898 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.2-2b. 

The requirements for multiple-family detached dwellings are 
moved from the list of permitted uses to subsection (c) of 
this section, correcting an oversight made when Ordinance 
86-581 amended §4.2-1 to change this use from permitted to 
conditional. 

Defined terms: 

Dwelling §1-136 Street §1-190 

Housing for elderly §1-151 Use §1-196 

Must c/ §1-211 Yard §1-198 

Principal use § 1 - 1 77 



§ 4-508. Building height and floor area ratio. 

(A) Permitted uses. 

As in an R-1 District. 

(B) Accessory uses. 

As in AN R-l District. 
(c) Conditional USES. 

As in AN R-l District. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.2-2c. 

Subtitle 6. R-3 Single-Family Residence District 

PartL Use Regulations 



899 



Ord. 99-547 1 998- 1 999 Session 



§4-601. Permitted USES. 

In an R-3 District, PERMnTED uses are the same as those in an R-1 
District. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.3- la. 

Defined terms: 

Use §1-196 



§4-602. Accessory uses. 

In an R-3 District, accessory uses and structures are the same as 
those in an R- 1 District. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.3- lb. 

Defined terms: 

Accessory use or structure § 1 - 1 02 Use § 1 - 1 96 

Structure §1-193 



§ 4-603. Conditional uses — Board approval required. 

In an R-3 District, conditional uses that require Board approval 
are the same as those in an R-1 District. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.3- Ic. 

Defined terms: 

Board §1-118 Use §1-196 



900 



1 998- 1 999 Session Ord. 99-547 



§ 4-604. Conditional uses — ordinance required. 

In an R-3 District, conditional uses that require approval by 
ordinance are the same as those in an R-1 District. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.3- Id. 

Conforming to the pattern used for the other types of uses, a 
cross-reference is substituted for formerly listed items that 
merely duplicated those listed in the R-1 District. 

Defined terms: 

Use §1-196 



§ 4-605. {Reserved} 

PartIL Bulk Regulations 
§4-606. Lot area and coverage. 

(A) Permitted uses. 

Each principal permitted use in an R-3 District must comply with 
the following requirements for minimum lot area and for the 
maximum percentage of a lot that may be covered by 
structures: 

Minimum Maximum 

Lot Area Lot Coverage 

Single-family 

detached dwellings 5,000 sq. ft. 30% 

Parks and playgrounds No requirements 

All other principal 

permitted uses 1 5,000 sq. ft. Per FAR 



901 



Ord. 99-547 1 998- 1 999 SESSION 



(B) Accessory USES. 

The percentage of the lot covered by structures in an R-3 
District, both for the principal uses and for all accessory uses, 
may not exceed the maximum lot coverages specified in 
subsections (a) and (c) of this section. 

(c) Conditional USES. 

Principal conditional uses in an R-3 District must comply with 

THE minimum lot AREA AND THE MAXIMUM LOT COVERAGE 
REQUIREMENTS FOR SINGLE-FAMILY DETACHED DWELLINGS, EXCEPT AS 
FOLLOWS: 

Minimum Maximum 

Lot Area Lot Coverage 

Cemeteries 5 acres 

Clubs AND LODGES: 

nonprofit 60,000 sq. ft. per far 

Governmental 

SERVICES As Board requires 

Health and medical 

institutions 1 5 ,000 sq. ft. per far 

Helistops As Board requires 

Parking, open 

off-street areas As ordinance requires 

Planned unit developments: 
residential as in title 9 

Public utility uses As Board requires 

Swimming pools 30,000 sq. ft. 



902 



1998-1999 Session 



Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.3-2a. 



Defined terms: 






Accessory use 


§1-102 


May 


c/ §1-211 


Board 


§1-118 


May not 


c/ §1-211 


Dwelling 


§1-136 


Must 


c/ §1-211 


Floor area ratio; FAR 


§1-145 


Nonprofit 


§1-167 


Helistop 


§1-149 


Principal use 


§1-177 


Lot 


§1-154 


Structure 


§1-193 


Lot area 


§1-155 


Use 


§1-196 



4-607. Yards. 

(a) PERMirrED USES. 

For each principal permitted use in an R-3 District, a front yard, 
TWO side yards, and a rear yard must be provided with the 
following minimum depths: 

Rear 



Front Interior 


Street 


Side 


Corner 




Side 


Single-family 




DETACHED DWELLINGS 25 FT. 


10 ft. 20 



No requirements 



40 ft. 



15 ft. 30 ft. 40 ft. 



Agricultural uses 

All other principal 
permitted uses 

(B) Accessory USES. 

As in AN R-l District. 

(c) Conditional USES. 



Principal conditional uses in an R-3 District must comply with 

THE YARD REQUIREMENTS FOR SINGLE-FAMILY DETACHED DWELLINGS, 
EXCEPT AS FOLLOWS: 



903 



Ord. 99-547 



998-1999 Session 



Front Interior Street 

Side Corner 

Side 



Rear 



Cemeteries 



No REQUIREMENTS 



Clubs and lodges: 

NONPROFIT 



40 ft. 15 ft. 30 ft. 40 ft. 

But structure must be located at least 
1 00 feet from nearest lot line IN a 
Residence District 



Governmental 
services 



As Board requires 



Health and medical 
institutions 40 ft. 



15 FT. 30 ft. 



40 FT. 



Helistops 

Parking, open 
off-street areas 



As Board requires 



No requirements 



Planned unit developments: 
residential as in title 9 

Public utility uses As Board requires 

Swimming pools As Board requires 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.3-2b. 





Defined terms: 






Board 


§1-118 


Nonprofit 


§1-167 


Dv^elling 


§1-136 


Principal use 


§1-177 


Helistop 


§1-149 


Street 


§1-190 


Lot 


§1-154 


Structure 


§1-193 


Lot line 


§1-156 


Use 


§1-196 


Must 


c/ §1-211 


Yard 


§1-198 



904 



1 998- 1 999 Session Ord. 99-547 

4-608. Building height and floor area ratio. 

(A) PERMnTED USES. 

As IN an R-1 District. 

(B) Accessory USES. 

As IN AN R-1 District. 
(c) Conditional USES. 

As IN AN R-1 District. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.3-2c. 

In subsection (a) of this section, a cross-reference is 
substituted for the former list of requirements that merely 
duplicate those for an R-1 District. 

Subtitle 7. R-4 General Residence District 

Part I. Use Regulations 

4-701. Permitted USES. 

In an R-4 District, permitted uses are the same as those in an R-2 
District. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.4- la. 

Defined terms: 

Use §1-196 



905 



Ord. 99-547 1 998- 1 999 Session 



§4-702. Accessory USES. 

In an R-4 District, accessory uses and structures are the same as 

THOSE in AN R-1 DISTRICT. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.4- lb. 

Defined terms: 

Accessory use or structure §1-102 Use §1-196 

Structure §1-193 



§ 4-703. CONDITIONAL USES — BOARD APPROVAL REQUIRED. 

In an R-4 District, conditional uses that require Board approval 

ARE AS FOLLOWS: 

( 1 ) As IN an R 1 District (unless ms a permitted use under § A 

(2) Multiple r\mily detached d\velli>jgs the same as those in an 
R-2 District (unless ms a permitted use under § 4-701) . 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.4- Ic. 

The former incorporation of uses from the R-1 District is 
revised to refer instead to the R-2 District, thereby 
permitting deletion of here of the duplicated reference to 
multiple-family detached dwellings. 

Defined terms: 

Board §1-118 Use §1-196 

Dwelling §1-136 



906 



1 998- 1 999 Session Ord. 99-547 



§ 4-704. Conditional uses — ordinance required. 

In AN R-4 District, conditional uses that require approval by 

ORDINANCE ARE THE SAME AS THOSE IN AN R-2 DISTRICT. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.4- Id. 

Confomung to the pattern used for the other types of uses, a 
cross-reference is substituted for formerly listed items that 
merely duplicated those listed in the R-2 District. 

Defined terms: 

Use §1-196 



§ 4-705. {Reserved} 

Part II. Bulk Regulations 
§ 4-706. Lot area and coverage. 

(A) Permitted uses. 

Each principal permitted use in an R-4 District must comply with 
the following requirements for minimum lot area and for the 
maximum percentage of a lot that may be covered by 

STRUCTURES: 

Minimum Maximum 

Lot Area Lot Coverage 

Single-family 

detached dwellings 5,000 sq. ft. 35% 

Single-family semi- 
detached DWELLINGS 5,000 SQ. FT. PER 35% 

dwelling unit 
Parks and playgrounds No requirements 

907 



Ord. 99-547 1 998- 1 999 Session 



All other principal 

permitted uses 1 5,000 sq. ft. per far 

(B) Accessory USES. 

The percentage of the lot covered by structures in an R-4 
District, both for the principal uses and for all accessory uses, 

MAY not exceed THE MAXIMUM LOT COVERAGES SPECIFIED IN 
subsections (a) and (C) of this SECTION. 

(c) Conditional USES. 

As IN AN R-3 District, except as follows: 

Minimum Maximum 

Lot Area Lot Coverage 

Multiple-family 

detached dwellings 5,000 sq. ft. per per far 

dwelling unit 
Housing for the 
elderly 1 ,500 sq. ft. per per far 

EFnCDENCY UNIT AND 
2,300 SQ. FT. PER 
OTHER DWELLING UNIT 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.4-2a. 

The requirements for multiple-family detached dwellings are 
moved from the list of permitted uses to subsection (c) of 
this section, correcting an oversight made when Ordinance 
86-581 amended §§4.2-1 and 4.4-1 to change this use from 
permitted to conditional. 

In subsection (a) of this section, the 15,000 sq. ft. for all 
other principal uses comports with the requirement enacted 
by Ordinance 71-1202. The lower figure shown in the 1983 
Replacement Volume of the City Code is an apparent 
typographical error. 



908 



1998-1999 Session 



Ord. 99-547 



Defined terms: 






Accessory use 


§1-102 


Lot area 


§1-155 


Dwelling 


§1-136 


May 


c/ §1-211 


Dwelling unit 


§1-137 


May not 


c/ §1-211 


Efficiency unit 


§1-138 


Must 


c/ §1-211 


Floor area ratio; FAR 


§1-145 


Principal use 


§1-177 


Housing for elderly 


§1-151 


Structure 


§1-193 


Lot 


§1-154 


Use 


§1-196 


§4-707. Yards. 








(A) Permitted uses. 









For each principal permitted use in an R-4 District, a front yard, 
TWO side yards, and a rear yard must be provided with the 

FOLLOWING MINIMUM DEPTHS: 



Front 



Interior 
Side 



Street 

Corner 

Side 



Rear 



single-fame.y 
detached dwellings 

Single-family, semi- 
detached DWELLINGS 

Agricultural uses 

All other principal 
permitted uses 



25 ft. 10 ft. 20 ft. 

25 ft. 15 ft. 20 ft. 
No requirements 

40 ft. 15 ft. 30 ft. 



25 ft. 



25 ft. 



40 ft. 



(B) Accessory uses. 

As EM AN R-1 District. 

(C) CONDmONALUSES. 

As in AN R-3 District, except as follows: 



909 



Ord. 99-547 1 998- 1 999 Session 



Fr 


ONT 


Interior 


Street 






Side 


Corner 
Side 


Multiple-family 








DETACHED DWELLINGS 


25 ft. 


15 FT. 


20 FT. 


Housing for the 








ELDERLY 


25 FT. 


15 FT. 


20 ft. 



Rear 



25 FT. 



25 FT. 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.4-2b. 

The requirements for multiple-family detached dwellings are 
moved from the list of permitted uses to subsection (c) of 
this section, correcting an oversight made when Ordinance 
86-581 amended §§4.2-1 and 4.4-1 to change this use from 
permitted to conditional. 

Defined terms: 

Dwelling §1-136 Street §1-190 

Housing for elderly §1-151 Use §1-196 

Must c/ §1-211 Yard §1-198 

Principal use § 1 - 1 77 



§ 4-708. Building height and floor area ratio. 

(A) Permuted uses. 

As in AN R-1 District. 

(B) ACCESSORY USES. 

As DM AN R-1 District. 

(C) CONOmONALUSES. 

As DM AN R- 1 District, except that the maximum floor area 
ratio for housing for the elderly is 0.6. 



910 



1 998- 1 999 Session Ord. 99-547 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.4-2c. 

Deflned terms: 

Floor area ratio § 1 - 1 45 Housing for elderly § 1 - 1 5 1 

Subtitle 8. R-5 General Residence District 
Part I. Use Regulations 
§4-801. Permitted USES. 

In an R-5 District, permitted uses are as follows: 

( 1 ) As IN AN R-2 District, except that agricultural uses are not 

PERMirrED. 

(2) Semi detached dwhelld^jos. 

^ Single-family attached dwellings — not exceeding 6 in a 
row or group. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.5- la. 

The former reference to "semi-detached dwellings" is 
deleted as an obsolete vestige of an earlier scheme. 
Currently, as applied to single-family semi-detached 
dwellings, the reference is redundant: those are already 
permitted in an R-2 District and, therefore, in an R-5 District 
as well. As applied to multiple-family dwellings, the 
reference is inconsistent with the changes made by 
Ordinance 86-581, which reclassified multiple-family 
detached dwellings from permitted uses to conditional uses. 

Defined terms: 

Dwelling §1-136 Use §1-196 



911 



Ord. 99-547 1 998- 1 999 SESSION 



§4-802. Accessory USES. 

In an R-5 District, accessory uses and structures are the same as 
those in an r-1 district. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.5- lb. 

Deflned terms: 

Accessory use or structure § 1 - 1 02 Use § 1 - 1 96 

Structure §1-193 



§ 4-803. Conditional uses — Board approval required. 

In an R-5 District, conditional uses that require Board approval 

ARE AS follows: 

( 1 ) As in an R 1 District (unless it is a permitted use under § 1 

(2) Multiple family detached dwellings the same as those in an 
R-2 District (unless it is a permitted use under § 4-801 ) . 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.5- Ic. 

The former incorporation of uses from the R-1 District is 
revised to refer instead to the R-2 District, thereby 
permitting deletion of here of the duplicated reference to 
multiple-family detached dwellings. 

Defined terms: 

Board §1-118 Use §1-196 

Dwelling §1-136 



912 



1 998- 1 999 Session Ord. 99-547 



§ 4-804. Conditional uses — ordinance required. 

In an R-5 District, conditional uses that require approval by 
ordinance are the same as those in an r-2 district. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.5- Id. 

Conforming to the pattern used for the other types of uses, a 
cross-reference is substituted for formerly listed items that 
merely duplicated those listed in the R-2 District. 

Defined terms: 

Use §1-196 



§ 4-805. {Reserved} 

Part II. Bulk Regulations 

§4-806. Lot AREA AND COVERAGE. 

(A) Permitted uses. 

Each principal permitted use in an R-5 District must comply with 

THE following REQUIREMENTS FOR MINIMUM LOT AREA AND FOR THE 

maximum percentage of a lot that may be covered by 
structures: 

Minimum Maximum 

Lot Area Lot Coverage 

SlNGLE-FAMtt.Y 

DETACHED DWELLINGS 5,000 SQ. FT. 35% 

Single-family semi- 
detached dwellings 3,000 SQ.FT. PER 35% 

DWELLING UNIT 



913 



Ord. 99-547 



1998-1999 Session 



Single-family 
attached dwellings 



2,500 SQ. FT. PER 
DWELLING UNIT 



40% 



Parks and playgrounds No requirements 
All OTHER principal 



PERMITTED USES 



15,000 SQ.FT. 



Per FAR 



(b) accessory uses. 

The percentage of the lot covered by structures in an R-5 
District, both for the principal uses and all accessory uses, 
may not exceed the maximum lot coverages specified em 

subsections (A) AND (C) OF THIS SECTION. 

(c) Conditional USES. 

As IN AN R-3 District, except as follows: 



Minimum 
LotArea 



Maximum 
Lot Coverage 



Multiple-family 
detached dwellings 



2,500 SQ. FT. PER 
DWELLING UNIT 



Per FAR 



Housing for the 

ELDERLY 



500 SQ. FT. PER 

efhcency unit and 

750 SQ. FT. PER 
OTHER DWELLING UNIT 



Per FAR 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.5-2a. 

The requirements for multiple-family detached dwellings are 
moved from the list of permitted uses to subsection (c) of 



914 



1998-1999 Session 



Ord. 99-547 



this section, correcting an oversight made when Ordinance 86-581 
amended §§4.2-1 and 4.5-1 to change this use from permitted to 
conditional. 

In subsection (a) of this section, the reference to "semi- 
detached dwellings" is clarified by adding the modifier 
"single-family". 



Defined terms: 






Accessory use 


§1-102 


Lot area 


§1-155 


Dwelling 


§1-136 


May 


c/ §1-211 


Dwelling unit 


§1-137 


May not 


c/ §1-211 


Efficiency unit 


§1-138 


Must 


c/ §1-211 


Floor area ratio; FAR 


§1-145 


Principal use 


§1-177 


Housing for elderly 


§1-151 


Structure 


§1-193 


Lot 


§1-154 


Use 


§1-196 


§4-807. Yards. 








(A) Permhted uses. 









For each principal permitted use in an R-5 District, a front yard, 
TWO side yards, and a rear yard must be provided with the 

following minimum DEPTHS: 



Front 



Interior 
Side 



Street 
Corner 
Side 



Rear 



Single-family 
detached dwellings 



25 ft. 



10 FT. 20 ft. 25 ft. 



Single-family semi- 
detached DWELLINGS 



25 FT. 



15 ft. 20 FT. 25 FT. 



Single-family 
attached dwellings 



25 ft. 15 ft. 20 ft. 25 ft. 

FOR ends of 
GROUPS 



All OTHER PRINCIPAL 
PERMITTED USES 



40 ft. 



15 ft. soft. 40 ft. 



915 



Ord. 99-547 



1998-1999 Session 



(B) Accessory USES. 

As IN AN R-l District. 
(c) Conditional uses. 

As in AN R-3 District, except as follows: 



Front Interior Street 
Side Corner 

Side 



Rear 



MULTIPLE-FAME.Y 

detached DWELLINGS 25 FT. 15 FT. 20 FT. 



25 FT. 



Housing for the 

ELDERLY 



25 ft. 15 ft. 20 ft. 



25 ft. 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.5-2b. 

The requirements for multiple-family detached dwellings are 
moved from the list of permitted uses to subsection (c) of 
this section, correcting an oversight made when Ordinance 
86-581 amended §§4.2-1 and 4.5-1 to change this use from 
permitted to conditional. 

In subsection (a) of this section, the reference to "semi- 
detached dwellings" is clarified by adding the modifier 
"single-family". 



Dwelling 

Housing for elderly 
Must 
Principal use 



Defined terms: 

§1-118 

§1-151 

c/ §1-211 

§1-177 



Street 

Use 

Yard 



§1-190 
§1-196 
§1-198 



§ 4-808. Building height and floor area ratio. 

(A) Permfited uses. 



916 



1 998- 1 999 Session Ord. 99-547 



Maximum 
Building Height 
Single-family 
dwellings 35 ft. 

All OTHER PERMITTED USES IN AN R-5 DISTRICT ARE SUBJECT TO A 
MAXIMUM FLOOR AREA RATIO OF 0.7. 



(B) Accessory uses. 
In an R-5 District: 

( 1 ) the maximum height of a structure accessory to a 

DWELLING IS 20 FEET; AND 

(2) THE FLOOR AREA OF ALL ACCESSORY USES, TOGETHER WITH THE 
FLOOR AREA OF THE PRINCIPAL USE, MAY NOT EXCEED THE 
TOTAL ALLOWABLE FLOOR AREA PERMITTED FOR THE PRINCIPAL 
USE UNDER SUBSECTIONS (A) AND (C) OF THIS SECTION. 

(c) Conditional USES. 

The maximum floor area ratio of all principal conditional uses 
IN AN R-5 District is 0.7, except as follows: 

Maximum 
Floor Area Ratio 

Governmental services As Board requires 

Housing for the 

ELDERLY 1.5 

Planned unit developments: 

residential as in title 9 

Public utility uses As Board requires 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.5-2c. 



917 



Ord. 99-547 


1998- 


1999 Session 




Defined terms: 






Accessory structure 


§1-102 


Housing for elderly 


§1-151 


Board 


§1-118 


May not 


c/ §1-211 


Building 


§1-121 


Principal use 


§1-177 


Dwelling 


§1-136 


Structure 


§1-193 


Floor area for FAR 


cf. §1-302 


Use 


§1-196 


Floor area ratio 


§1-145 







Subtitle 9. R-6 General Residence District 
Part I. Use Regulations 
§4-901. Permitted USES. 

In an R-6 District, permitted uses are as follows: 

( 1 ) As in an R-2 District, except that agricultural uses are not 

PERMirrED. 

(2) Single-family attached dwellings — not exceeding 9 in a 
row or group. 

(3) Multiple-family detached dwellings. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.6- la. 

In item (3) of this section, the parenthetical "for two or more 
families" is deleted as redundant. By definition, a multiple- 
family dwelling is for 2 or more families. 

Defined terms: 

Dwellings §1-136 Use §1-196 

§4-902. Accessory uses. 

In an R-6 District, the accessory uses and structures are the same 
AS those in an R-1 District. 



918 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 



This section is new language derived without substantive 
change from Article 30, §4.6- lb. 

Defined terms: 

Accessory use or structure § 1 - 1 02 Use § 1 - 1 96 

Structure §1-193 



§ 4-903. Conditional uses — Board approval required. 

In an R-6 District, conditional uses that require Board approval 

ARE as follows: 

( 1 ) As in AN R- 1 District (unless ms a permitted use under § 4- 
901). 

(2) Marinas: recreational boat launch/tie up. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.6- Ic. 

In item (1) of this section, the parenthetical is added for 
clarity and consistency. 

Defined terms: 

Board §1-118 Use §1-196 

Marina §1-157 



§ 4-904. Conditional uses — ordinance required. 

In an R-6 District, conditional uses that require approval by 
ordinance are as follows: 

( 1 ) As in AN R- 1 District. 

(2) Housing FOR THE elderly. 



919 



Ord. 99-547 



1998-1999 Session 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.6- Id. 

In item (1) of this section, conforming to the pattern used for 
the other types of uses, a cross-reference is substituted for 
formerly listed items that merely duplicated those listed in 
theR-1 District. 



Defined terms: 

Housing for elderly § 1 - 1 5 1 Use 



§1-196 



§ 4-905. {Reserved} 



Part 11. Bulk Regulations 



§ 4-906. Lot area and coverage. 

(A) Permitted uses. 

Each principal permitted use in an R-6 District must comply with 

THE following REQUIREMENTS FOR MINIMUM LOT AREA AND FOR THE 
MAXIMUM PERCENTAGE OF A LOT THAT MAY BE COVERED BY 
STRUCTURES: 



Minimum 
LotArea 



Maximum 
Lot Coverage 



Single-family 
detached dwellings 



5,000 SQ.FT. 



35% 



Single-family semi- 
detached DWELLINGS 

Single-family 
attached dwellings 



3,000 SQ. ft. per 
dwelling unit 

1,500SQ. FT. per 

dwelling unit 



35% 



45% 



920 



1998-1999 Session 



Ord. 99-547 



Multiple-family 
detached dwellings 



1 ,500 SQ. FT. PER 
DWELLING UNIT 



Per FAR 



Parks and playgrounds No requirements 

10,000 SQ.FT. 



All other principal 
permitted uses 



Per FAR 



(B) Accessory USES. 



The percentage of the lot covered by structures in an R-6 
District, both for the principal uses and for all accessory uses, 

MAY not exceed THE MAXIMUM LOT COVERAGES SPECIFIED DM 
subsections (a) and (C) of THIS SECTION. 

(c) Conditional USES. 

Principal conditional uses in an R-6 District must comply with 

THE minimum lot AREA AND THE MAXIMUM LOT COVERAGE 
requirements for SINGLE-FAMILY DETACHED DWELLINGS, EXCEPT AS 
FOLLOWS: 



Cemeteries 

Clubs and lodges: 
nonprofit 

Governmental 
services 

Health and medical 
institutions 

Helistops 



Minimum 
LotArea 

5 acres 



30,000 SQ. ft. 

As Board requires 

10,000 sq.ft. 

As Board requires 



Maximum 
Lot Coverage 



Per FAR 



Per FAR 



92 



Ord. 99-547 



1998-1999 Session 



Housing for the 

ELDERLY 



Parking, open 
off-street areas 



370 SQ. FT. PER 
EFRCIENCY UNIT AND 
550 SQ. FT. PER 
OTHER DWELLING UNIT 



As ORDINANCE REQUIRES 



Per FAR 



Planned unit developments: 
residential as in title 9 

Public utility uses As Board requires 

Swimming pools 30,000 sq. ft. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.6-2a. 

In subsection (a) of this section, the reference to "semi- 
detached dwellings" is clarified by adding the modifier 
"single-family". 



Defined terms: 






Accessory use 


§1-102 


Lot area 


§1-155 


Board 


§1-118 


May 


c/ §1-211 


Dwelling 


§1-136 


May not 


cf §1-211 


Dwelling unit 


§1-137 


Must 


c/ §1-211 


Efficiency unit 


§1-138 


Nonprofit 


§1-167 


Floor area ratio; FAR 


§1-145 


Principal use 


§1-177 


Helistop 


§1-149 


Structure 


§1-193 


Housing for elderly 


§1-151 


Use 


§1-196 


Lot 


§1-154 







§ 4-907. Yards. 

(A) Permitted uses. 



922 



998-1999 Session 



Ord. 99-547 



For each principal permitted use in an R-6 District, a front yard, 
two side yards, and a rear yard must be provided with the 
following minimum depths: 



Front 



Interior 
Side 



Street 

Corner 

Side 



Rear 



Single-family 
detached dwellings 



25 ft. 10 ft. 



20 ft. 25 ft. 



Single-family semi- 
detached DWELLINGS 



25 ft. 15 ft. 



20 ft. 25 ft. 



Single-family 
attached dwellings 



25 ft. 10 ft. 

FOR ends of 
GROUPS 



20 FT. 25 FT. 



Multiple-family 
detached dwellings 



25 FT. 15 ft. 



20 ft. 25 ft. 



All OTHER PRINCIPAL 
PERMITTED USES 



40 ft. 15 ft. 



30 FT. 40 FT. 



(B) Accessory uses. 

As IN AN R-1 District. 
(c) Conditional USES. 

As IN AN R-3 District, except as follows: 



Front 



Interior 
Side 



Street 

Corner 

Side 



Rear 



Housing for the 

ELDERLY 



25 ft. 



15 FT. 



20 ft. 25 ft. 



923 



Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.6-2b. 

In subsection (a) of this section, the reference to "semi- 
detached dwellings" is clarified by adding the modifier 
"single-family". 

Defined terms: 

Dwelling §1-136 Street §1-190 

Housing for elderly §1-151 Use §1-196 

Must c/ §1-211 Yard §1-198 

Principal use § 1 - 1 77 



§ 4-908. Building height and floor area ratio. 

(A) Permitted uses. 

Maximum 
Building Height 

S ingle-family dwellings 3 5 ft. 

All other PERMnrEO uses in an R-6 District are subject to a 

MAXIMUM FLOOR AREA RATIO OF 1 .0. 

(B) Accessory USES. 

In an R-6 District: 

( 1 ) THE MAXIMUM HEIGHT OF A STRUCTURE ACCESSORY TO A 
DWELLING IS 20 FEET; AND 

(2) THE FLOOR AREA OF ALL ACCESSORY USES, TOGETHER WITH THE 
FLOOR AREA OF THE PRINCIPAL USE, MAY NOT EXCEED THE 
TOTAL ALLOWABLE FLOOR AREA PERMITTED FOR THE PRINCIPAL 
USE UNDER SUBSECTIONS (a) AND (C) OF THIS SECTION. 



924 



1998-1999 Session 



Ord. 99-547 



(c) Conditional USES. 

The maximum floor area ratio of all principal conditional uses 
IN AN R-6 District is 1 .0, except as follows: 

Maximum 
Floor Area Ratio 



Governmental services 

Housing for the elderly 

Planned unit developments: 
residential 

Public utility uses 



As THE Board requires 
2.0 

As IN Title 9 

As THE Board 
requires 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.6-2c. 



DeHned terms: 






Accessory structure 


§1-102 


Housing for elderly 


§1-151 


Board 


§1-118 


May not 


c/ §1-211 


Building 


§1-121 


Principal use 


§1-177 


Dwelling 


§1-136 


Structure 


§1-193 


Floor area for FAR 


c/ §1-302 


Use 


§1-196 


Floor area ratio 


§1-145 







Subtitle 10. R-l General Residence District 

Part I. Use Regulations 
4-1001. Permitted uses. 
In an R-7 District, permitted uses are as follows: 

( 1 ) As in AN R-2 District, except that agricultural uses are not 

PERMITTED. 



925 



Ord. 99-547 1 998- 1 999 SESSION 



(2) Single-family attached dwellings — not exceeding 9 in a 
row or group. 

(3) Multiple-family detached dwellings. 

(4) Multiple-family attached dwellings — not exceeding 9 in a 
row or group. 

(5) Clubs and lodges: nonprofit. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.7- la. 

In items (3) and (4) of this section, the parenthetical "for two 
or more families" is deleted as redundant. By definition, a 
multiple-family dwelling is for 2 or more families. 

Defined terms: 

Dwellings §1-136 Use §1-196 

Nonprofit §1-167 



§ 4-1002. Accessory uses. 

In an R-7 District, the accessory uses and structures are the same 
AS those in an R-1 District. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.7- lb. 

Defined terms: 

A ccessory use or structure § 1 - 1 02 Use § 1 - 1 96 

Structure §1-193 



926 



1998-1999 Session 



Ord. 99-547 



§ 4-1003. Conditional uses — Board approval required. 

In an R-7 District, conditional uses that require Board approval 
are as follows: 

( 1 ) As in AN R- 1 District (unless rr is a permitted use under § 4- 
1001). 

(2) Bed and breakfast homes, subject to the condition that no 
sign or other advertising is allowed on the premises other 
than a nameplate in accordance with §11-316 
{"Nameplates"} of this article. 

(3) Marinas : recreational boat launch/tie up. 

(4) Philanthropic and charitable instttutions. 

(5) Physicians' or dentists' professional (non-resident) ofhces, 
in a structure designed and erected for residential use, 
subject to the condition that the use is limited to no more 
than 4 physicians or dentists in the ofhce. 

Revisor's Note 

This section is new language derived from Article 30, §4.7- 
Ic and, as to item (2) of this section, the last sentence of 
§I3.0-2-6b. 

In item (2), a cross-reference to the nameplate limitations in 
§11-316 of this article is substituted for the specific 
repetition in former §13.0-2-6b of one (but not all) of those 
limitations, for clarity and consistency. 



Defined terms; 




Bed and breakfast home § 1 - 1 1 6 


Physician 


Board §1-118 


Premises 


Dentist §1-133 


Sign 


Erect §1-140 


Structure 


Marina §1-157 


Use 



§1-175 
§1-176 
§1-189 
§1-193 
§1-196 



927 



Ord. 99-547 1 998- 1 999 SESSION 



§ 4-1004. Conditional uses — ordinance required. 

In an R-7 District, conditional uses that require approval by 
ordinance are as follows: 

(1) As in AN R-1 District. 

(2) Housing for the elderly. 

(3) Nonprofit homes for the rehabilitation of non-bedridden 
alcoholics and for the care and custody of homeless 

PERSONS. 

(4) Parking, open off-street areas and off-street garages, 
other than accessory, for the parking of 4 or more 
automobiles. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.7- Id. 

In item (1) of this section, conforming to the pattern used for 
the other types of uses, a cross-reference is substituted for 
formerly listed items that merely duplicated those listed in 
the R-1 District. 

Deflned terms: 

Accessory use or structure § 1 - 1 02 Nonprofit § 1 - 1 67 

Automobile §1-114 Use §1-196 

Housing for elderly § 1 - 1 5 1 

§ 4-1005. {Reserved} 

Part II. Bulk Regulations 

§4-1006. Lot AREA AND COVERAGE. 

(A) Permitted uses. 



928 



1998-1999 Session 



Ord. 99-547 



Each principal permitted use in an R-7 District must comply with 
the following requirements for minimum lot area and for the 
maximum percentage of a lot that may be covered by 
structures: 



Minimum 
LotArea 



Maximum 
Lot Coverage 



Single-family 
detached dwellings 



5,000 SQ. FT. 



35% 



Single-family semi- 
detached DWELLINGS 



3,000 sq.ft. PER 

DWELLING UNIT 



35% 



Single-family 
attached dwellings 



1,100 SQ.FT. PER 
DWELLING UNIT 



50% 



Multiple-family 
dwellings 



1,100SQ. FT. PER 
DWELLING UNIT 



PER FAR 



Clubs AND LODGES: 

nonprofit 15,000 sq. ft. 

Parks and playgrounds No requirements 



Per FAR 



All other principal 
permitted uses 



10,000 SQ.FT. 



Per FAR 



(B) Accessory uses. 



I 



The percentage of the lot covered by structures in an R-7 
District, both for the principal uses and for all accessory uses, 

MAY not exceed THE MAXIMUM LOT COVERAGES SPECIFIED IN 
subsections (a) AND (C) OF THIS SECTION. 

(c) Conditional USES. 

Principal conditional uses in an R-7 District must comply with 

THE minimum lot AREA AND THE MAXIMUM LOT COVERAGE 



929 



Ord. 99-547 



1998-1999 Session 



REQUIREMENTS FOR SINGLE-FAMILY DETACHED DWELLINGS, EXCEPT AS 
FOLLOWS: 

Minimum Maximum 

Lot Area Lot Coverage 



Bed AND BREAKFAST 
HOMES 



Cemeteries 

Governmental 
services 

Health and medical 
institutions 

Helistops 

Housing for the 

ELDERLY 



500 SQ. ft. per 

GUEST ROOM 
5 ACRES 



As Board requires 

10,000 SQ.FT. Per FAR 

As Board requires 



245 SQ. FT. per Per FAR 

EFRCIENCY UNIT AND 
370 SQ. FT. PER 
OTHER DWELLING UNIT 



Parking, open 
off-street areas 

AND off-street GARAGES 

Physicians' or dentists' 
professional ofrces 



As ORDINANCE REQUIRES 

As Board requires 



Planned unit developments: 
residential As in Title 9 



Public utility uses 
Swimming pools 



As Board requires 

15,000 SQ.FT. 



930 



1998-1999 Session 



Ord. 99-547 



Remsor's Note 

This section is new language derived without substantive 
change from Article 30, §4.7-2a. 

In subsection (a) of this section, the reference to "semi- 
detached dwellings" is clarified by adding the modifier 
"single-family". 



Defined terms: 






Accessory use 


§1-102 


Lot 


§1-154 


Bed and breakfast home 


§1-116 


Lot area 


§1-155 


Board 


§1-118 


May 


cf §1-211 


Dentist 


§1-133 


May not 


c/ §1-211 


Dwelling 


§1-136 


Must 


c/ §1-211 


Dwelling unit 


§1-137 


Nonprofit 


§1-167 


Efficiency unit 


§1-138 


Physician 


§1-175 


Floor area ratio; FAR 


§1-145 


Principal use 


§1-177 


Helistop 


§1-149 


Structure 


§1-193 


Housing for elderly 


§1-151 


Use 


§1-196 



§ 4-1007. Yards. 

(A) PERMirrED USES. 



I 



For each principal permitted use in an R-1 District, a front yard, 

TWO SIDE yards, AND A REAR YARD MUST BE PROVIDED WITH THE 
FOLLOWING MINIMUM DEPTHS: 



Front 



Interior 
Side 



Street 

Corner 

Side 



Rear 



Single-family 
detached dwellings 



20 ft. 10 ft. 



15 ft. 25 ft. 



Single-family semi- 
detached DWELLINGS 



20 ft. 10 ft. 



15 ft. 25 ft. 



Single-family 
attached dwellings 



20 ft. 10 ft. 
for ends of 

GROUPS 



15 FT. 25 FT. 



931 



Ord. 99-547 1 998- 1 999 Session 



Multiple-family 

detached dwellings 20 ft. 15 ft. 15 ft. 25 ft. 



Multiple-family 

attached dwellings 20 ft. 10 ft. 15 ft. 25 ft. 

for ends of 

GROUPS 

All other principal 

permitted uses 30 ft. 15 ft. 20 ft. 30 ft. 



(B) Accessory USES. 

As IN AN R-1 District. 

(c) Conditional USES. 

Principal conditional uses in an R-7 District must comply with 
the yard requirements for single-family detached dwellings, 
except as follows: 

Front Interior Street Rear 

Side Corner 

Side 

Cemeteries No requirements 

Governmental 

services As Board requires 

Health and medical 

institutions 30 ft. 15 ft. 20 ft. 30 ft. 

Helistops As Board requires 

Housing for the 

elderly 20 ft. 10 ft. 15 ft. 25 ft. 

Parking, off-street 

garages As ordinance requires 



932 



1998-1999 Session 



Ord. 99-547 



I 



Parking, open 
off-street areas 



No REQUIREMENTS 



Physicians' or dentists' 

professional omces 20 ft. 10 ft. 15 ft. 

for detached 
and semi-detached 

structures and 
for ends of groups 

Planned unit developments: 
residential as in title 9 



pubuc utility uses 
Swimming pools 



As Board requires 
As Board requires 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.7-2b. 

In subsection (a) of this section, the reference to "semi- 
detached dwellings" is clarified by adding the modifier 
"single-family". 



25 FT. 



Defined terms: 






Board §1-118 


Physician 


§1-175 


Dentist §1-133 


Principal use 


§1-177 


Dwelling §1-136 


Street 


§1-190 


Helistop §1-149 


Use 


§1-196 


Housing for elderly § 1 - 1 5 1 


Yard 


§1-198 


Must c/ §1-211 







§ 4-1008. Building height and floor area ratio. 

(A) Permitted uses. 

Single-family dwellings 
933 



Maximum 
Building Height 

35 FT. 



Ord. 99-547 



1998-1999 Session 



All other permitted uses in an R-7 District are subject to a 

MAXIMUM floor AREA RATIO OF 1 .2. 



(B) Accessory USES. 
In an R-7 District: 

( 1 ) the maximum height of a structure accessory to a 

DWELLING IS 20 FEET; AND 

(2) THE FLOOR AREA OF ALL ACCESSORY USES, TOGETHER WITH THE 
FLOOR AREA OF THE PRINCIPAL USE, MAY NOT EXCEED THE 
TOTAL ALLOWABLE FLOOR AREA PERMITTED FOR THE PRINCIPAL 
USE UNDER SUBSECTIONS (A) AND (C) OF THIS SECTION. 

(c) Conditional USES. 

The MAXIMUM floor AREA RATIO OF ALL PRINCIPAL CONDITIONAL USES 

IN AN R-7 District is 1 .2, except as follows: 

Maximum 
Floor Area Ratio 



Governmental services 
Housing for the elderly 



As Board requires 
3.0 



Planned unit developments: 
residential 

Public utility uses 



As IN Title 9 

As Board requires 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.7-2c. 



Defined terms: 



Accessory structure 

Board 

Building 

Dwelling 



§1-102 
§1-118 
§1-121 
§1-136 



Floor area for FAR 
Floor area ratio 
Housing for elderly 
May not 



c/ §1-302 
§1-145 
§1-151 

c/ §1-211 



934 



1 998- 1 999 Session Ord. 99-547 



Pnncipaluse §1-177 Use §1-196 

Structure §1-193 



Subtitle 11. R-8 General Residence District 

Part I. Use Regulations 
§4-1101. Permitted USES. 

In an R-8 District, PERMirrED uses are as follows : 

( 1 ) As IN an R-2 District, except that agricultural uses are not 
permitted. 

(2) Single-family attached dwellings — not exceeding 1 2 in a 
row or group. 

(3) Multiple-family detached dwellings. 

(4) Multiple-family attached dwellings — not exceeding 1 2 in a 
row or group. 

(5) Clubs AND lodges: NONPROFIT. 

(6) Hospitals. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.8- la. 

In items (3) and (4) of this section, the parenthetical "for two 
or more families" is deleted as redundant. By definition, a 
multiple-family dwelling is for 2 or more families. 

Defined terms: 

Dwelling §1-136 Use §1-196 

Nonprofit §1-167 



935 



Ord. 99-547 1 998- 1 999 SESSION 



§4-1102. Accessory USES. 

In an R-8 District, the accessory uses and structures are as 

FOLLOWS: 

( 1 ) As IN AN R- 1 District. 

(2) Accessory shops in a multiple-family building that contains 
50 or more dwelling and efhcency units, subject to the 

FOLLOWING conditions: 

(I) THE USES ARE LIMITED TO DINING ROOM, COCKTAIL 

LOUNGE, DRUG STORE OR PHARMACY, NEWSSTAND, RETAIL 
FOOD SHOPS, BEAUTY SHOPS, BARBER SHOPS, AND SIMLAR 
PERSONAL SERVICE SHOPS PRIMARILY FOR THE OCCUPANTS 
OF THE BUILDING; 

(n) THE ENTRANCE TO THE USE MUST BE LOCATED INSIDE THE 
BUILDING AND THE USE ITSELF CONDUCTED ENTIRELY 
INSIDE THE BUILDING; 

(in) THE AGGREGATE OF ALL SUCH USES MAY NOT EXCEED 5% 
OF THE GROSS FLOOR AREA OF THE BUILDING; AND 

(IV) NO EXTERIOR ADVERTISING SIGN IS ALLOWED, EXCEPT 1 
NON-ILLUMINATED OR INDIRECTLY ILLUMINATED 
EDENTmCATION SIGN THAT: 

(A) IS LIMITED TO THE NAME OR DESCRIPTION OF THE 
USE; 

(B) DOES NOT EXCEED 3 SQUARE FEET; 

(C) IS NO MORE THAN 12 FEET HIGH; AND 

(D) DOES NOT PROJECT MORE THAN 8 INCHES FROM 
THE BUILDING. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30. §§4.8- lb and 10.0-2b7. 



936 



1 998- 1 999 Session Ord. 99-547 





Defined terms: 




Accessory use or structure 


§1-102 


May not 


Building 




§1-121 


Must 


Dwelling 




§1-136 


Sign 


Efficiency unit 




§1-138 


Structure 


Gross floor area 




cf. §1-304 


Use 



\ 



c/ §1-211 

c/ §1-211 

§1-189 

§1-193 

§1-196 



§ 4-1103. Conditional uses — Board approval required. 

In an R-8 District, conditional uses that require Board approval 

ARE AS FOLLOWS: 

( 1 ) As IN AN R-7 District (unless itis a permitted use under § 4- 
1101). 

(2) Bed and breakfast estabushments, subject to the condition 
that no sign or other advertising is allowed on the premises 
other than a nameplate in accordance with § 11-3 16 
{"Nameplates"} of this article. 

(3) Fraternity and sorority houses: off-campus. 

(4) Rooming HOUSES. 

Revisor's Note 

This section is new language derived from Article 30, §4.8- 
Ic and, as to item (2) of this section, the last sentence of 
§13.0-2-6a. 

The cross-reference in item (1) is substituted for those items 
that merely repeat the uses listed in the R-7 District. 

In item (2), a cross-reference to the nameplate limitations in 
§11-316 of this article is substituted for the specific 
repetition in §13.0-2-6b of one (but not all) of those 
limitations, for clarity and consistency. 

In item (4) of this section, the phrase "for three or more 
roomers" is deleted as redundant. By definition, a rooming 
house is "for the accommodation of 3 or more individuals". 



937 



Ord. 99-547 1 998- 1 999 SESSION 



Deflned terms: 

Bed and breakfast est't § 1 - 1 1 5 Rooming house § 1 - 1 85 

Board §1-118 Sign §1-189 

Erect §1-140 Structure §1-193 

Premises §1-176 Use §1-196 



§ 4-1104. Conditional uses — ordinance required. 

In an R-8 District, conditional uses that require approval by 
ordinance are the same as those in an R-7 District (unless ms a 

PERMITTED USE UNDER § 4-1101). 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.8- Id. 

Conforming to the pattern used for the other types of uses, a 
cross-reference is substituted for formerly listed items that 
merely duplicated those listed in the R-7 District. 

Defined terms: 

Use §1-196 



§4-1105. {Reserved} 

Part 11. Bulk Regulations 
§ 4-1106. Lot area and coverage. 

(A) Permitted uses. 

Each principal permitted use in an R-8 District must comply with 
the following requirements for minimum lot area and for the 
maximum percentage of a lot that may be covered by 
structures: 



938 



1998-1999 Session 



Ord. 99-547 



Minimum 
LotArea 



Maximum 
Lot Coverage 



Single-family 
detached dwellings 



5,000 SQ. FT. 



40% 



Single-family semi- 
detached DWELLINGS 



2,000 SQ. FT. PER 
DWELLING UNIT 



40% 



Single-family 

ATTACHED DWELLINGS 



750 SQ. FT. PER 
DWELLING UNIT 



60% 



Multiple-family 
dwellings 



500 SQ. ft. PER 
EFHCIENCY UNIT AND 
750 SQ. FT. PER 
OTHER DWELLING UNIT 



Per FAR 



Parks and playgrounds No requirements 



All other principal 
permitted uses 



7,500 SQ. FT. 



Per FAR 



(B) Accessory USES. 

The PERCENTAGE OF THE LOT COVERED BY STRUCTURES IN A R-8 

District, both for the principal uses and for all accessory uses, 
may not exceed the maximum lot coverages specified in 

subsections (a) AND (C) OF THIS SECTION. 

(c) Conditional USES. 

Principal conditional uses in an R-8 District must comply with 

THE minimum lot AREA AND THE MAXIMUM LOT COVERAGE 
REQUIREMENTS FOR SINGLE-FAMILY DETACHED DWELLINGS, EXCEPT AS 
FOLLOWS: 



939 



Ord. 99-547 



1998-1999 Session 



Cemeteries 

Governmental 
services 

Health and medical 
institutions 

Helistops 

Housing for the 
elderly 



Minimum 
Lot Area 

5 acres 



Maximum 
Lot Coverage 



Parking, open 
off-street areas 
and parking garages 



As Board requires 

7,500 SQ. FT. Per FAR 

As Board requires 



1 65 SQ. FT. PER Per FAR 

EFHCIENCY UNIT AND 
245 SQ. FT. PER 
OTHER DWELLING UNIT 



As ORDINANCE REQUIRES 



PHYSICIANS' OR DENTISTS' 

PROFESSIONAL OFFICES AS BOARD REQUIRES 



Planned unit developments: 
residential 

Public utility uses 

Rooming houses 



As in Title 9 

As Board requires 

375 SQ. ft. per 
rooming unit and 
750 SQ. FT. per 
other dwelling unit 

Swimming pools 1 5,000 sq. ft. 

Revisor*s Note 

This section is new language derived without substantive 
change from Article 30, §4.8-2a. 



60% 



940 



1998-1999 Session 



Ord. 99-547 



In subsection (a) of this section, the reference to "semi- 
detached dwellings" is clarified by adding the modifier 
"single-family". 



Defined terms: 






Accessory use 


§1-102 


Lot area 


§1-155 


Board 


§1-118 


May 


c/ §1-211 


Dentist 


§1-133 


May not 


c/ §1-211 


Dwelling 


§1-136 


Must 


c/ §1-211 


Dwelling unit 


§1-137 


Physician 


§1-175 


Efficiency unit 


§1-138 


Principal use 


§1-177 


Floor area ratio; FAR 


§1-145 


Rooming house 


§1-185 


Helistop 


§1-149 


Rooming unit 


§1-186 


Housing for elderly 


§1-151 


Structure 


§1-193 


Lot 


§1-154 


Use 


§1-196 



§ 4-1107. Yards. 

(A) Permitted uses. 



For each principal permitted use in an R-8 District, a front yard, 
TWO side yards, and a rear yard must be provided with the 

following minimum DEPTHS: 



Rear 



i 





Front 


Interior 
Side 


Street 

Corner 

Side 


All PRINCIPAL 

PERMllTED uses 


NONE 
REQ'D 


10 ft. 


NONE 
REQ'D 



25 ft. 



FOR DETACHED 
AND SEMI-DETACHED 

STRUCTURES AND 
FOR ENDS OF GROUPS 



» 



(B) Accessory USES. 

As IN AN R-l District. 



941 



Ord. 99-547 1 998- 1 999 SESSION 



(c) Conditional USES. 



Principal conditional uses in an R-8 District must comply with 
the yard requirements for all principal permitted uses as set 

FORTH IN SUBSECTION (A) OF THIS SECTION, EXCEPT AS FOLLOWS: 





Front Interior 


Street Rear 




Side 


Corner 
Side 


CEMhltRIES 


No REQUIREMENTS 


' 


Governmental 




i 


SERVICES 


As Board requires 





Health and medical 

institutions 20 ft. 10 ft. 15 ft. 25 ft. 

Helistops As Board requires 

Parking, off-street 

GARAGES As ordinance REQUIRES 

Parking, open 

off-street areas no requirements 

Planned unit developments: 
residential as in title 9 

Public utility uses As Board requires 

Swimming pools As Board requires 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.8-2b. 

Defined terms: 

Board §1-118 Principal use §1-177 

Helistop §1-149 Street §1-190 

Must c/ § 1 -2 1 1 Structure § 1 - 1 93 



942 



1 998- 1 999 Session Ord. 99-547 

Use §1-196 Yard §1-198 

§ 4-1108. Building height and floor area ratio. 

(A) Permitted uses. 

Maximum 
Building Height 

Single-family dwellings 35 ft. 

All other permitted uses in an R-8 District are subject to a 
maximum floor area ratio of 2.0. 

(B) Accessory uses. 

In an R-8 District: 

( 1 ) the maximum height of a structure accessory to a 
dwelling is 20 feet; and 

(2) THE FLOOR AREA OF ALL ACCESSORY USES, TOGETHER WITH THE 
FLOOR AREA OF THE PRINCIPAL USE, MAY NOT EXCEED THE 
TOTAL ALLOWABLE FLOOR AREA PERMITTED FOR THE PRINCIPAL 
USE UNDER SUBSECTIONS (A) AND (C) OF THIS SECTION. 

(c) Conditional USES. 

The maximum floor area ratio of all principal conditional uses 
IN AN R-8 District is 2.0, except as follows: 

Maximum 
Floor Area Ratio 

Governmental services As Board requires 

Housing for the elderly 4.5 



943 



Ord. 99-547 



1998-1999 Session 



Planned unit developments: 
residential 

pubuc utility uses 



As IN Title 9 



As Board requires 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.8-2c. 



Deflned terms: 






Accessory- structure 


§1-102 


Housing for elderly 


§1-151 


Board 


§1-118 


May not 


c/ §1-211 


Building 


§1-121 


Principal use 


§1-177 


Dwelling 


§1-136 


Structure 


§1-193 


Floor area for FAR 


cf. §1-302 


Use 


§1-196 


Floor area ratio 


§1-145 







Subtitle 12. R-9 General Residence District 
Part I. Use Regulations 
§4-1201. Permitted USES. 

In an R-9 District, permitted uses are as follows: 

(1) As in AN R-8 District. 

(2) Apartment HOTELS. 

(3) Rooming houses — but no more than 10 rooming units in each 
structure. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.9- la. 

In item (1 ) of this section, the reference to an R-2 District is 
changed to R-8, and items duplicative of those listed for R-8 
deleted. 



944 



1 998- 1 999 Session Ord. 99-547 



In item (3) of this section, the phrase "for three or more 
roomers" is deleted as redundant. By definition, a rooming 
house is "for the accommodation of 3 or more individuals". 

Defined terms: 

Apartment hotel §1-111 Structure §1-193 

Rooming house §1-185 Use §1-196 

Rooming unit § 1 - 1 8 6 



4-1202. Accessory uses. 

(A) In GENERAL 

In an R-9 District, the accessory uses and structures are, 

EXCEPT AS SPECIFIED IN SUBSECTION (B) OF THIS SECTION, THE SAME AS 
THOSE IN AN R-8 DISTRICT. 

(B) Exception for accessory shops. 

The AGGREGATE OF ALL ACCESSORY SHOP USES IN A MULTIPLE-FAMILY 
DWELLING MAY EXCEED 5% BUT NO MORE THAN 6% OF THE GROSS 
FLOOR AREA OF THE BUILDING. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.9- lb. The cross-reference is 
changed to an R-8 District and the duplicative requirements 
for accessory shops deleted for brevity. 



c/ §1-211 
§1-193 
§1-196 



§ 4-1203. Conditional uses — Board approval required. 

In an R-9 District, conditional uses that require Board approval 
are as follows: 



945 



i 



Defined terms: 




Accessory use or structure § 1 - 1 02 


May 


Building §1-121 


Structure 


Dwelling §1-136 


Use 


Gross floor area cf. § 1 -304 





Ord. 99-547 1 998- 1 999 SESSION 



( 1 ) As CM AN R-8 District (unless ms a permitted use under § 4- 
1 20 1 ), except that cemeteries are not allowed. 

(2) Rooming houses with 1 1 or more rooming units. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.9- Ic. 

In item (1) of this section, the reference to an R-1 District is 
changed to R-8, and items duplicative of those listed for R-8 
deleted for brevity. 

Defined terms: 

Board §1-118 Rooming unit §1-186 

Rooming house §1-185 Use §1-196 

§ 4-1204. Conditional uses — ordinance required. 

In an R-9 District, conditional uses that require approval by 
ordinance are the same as those in an R-7 District (unless ms a 

PERMITTED USE UNDER § 4-1201). 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.9- Id. 

Conforming to the pattern used for the other types of uses, a 
cross-reference is substituted for formerly listed items that 
merely duplicated those listed in the R-7 District. 

Defined terms: 

Use §1-196 



§ 4-1205. {Reserved} 



946 



1998-1999 Session 



Ord. 99-547 



Part 11 Bulk Regulations 
4-1206. Lot area and coverage. 

(A) Permitted uses. 

Each principal permitted use in an R-9 District must comply with 

THE following REQUIREMENTS FOR MINIMUM LOT AREA AND FOR THE 
MAXIMUM PERCENTAGE OF A LOT THAT MAY BE COVERED BY 
STRUCTURES: 



Minimum 
LotArea 



Maximum 
Lot Coverage 



Single-family 

DETACHED DWELLINGS 



5,000 SQ. ft. 



50% 



Single-family semi- 
detached DWELLINGS 



2,000 SQ. FT. PER 
DWELLING UNIT 



60% 



Single-family 
attached dwellings 



750 SQ. FT. PER 
DWELLING UNIT 



70% 



MULTIPLE-FAMILY 
DWELLINGS AND 
APARTMENT HOTELS 



370 SQ. FT. PER 
EFFICIENCY AND 
ROOMING UNIT AND 
550 SQ. FT. PER 
OTHER DWELLING UNIT 



Per FAR 



Rooming houses 



275 SQ. FT. PER 
ROOMING UNIT AND 
550 SQ. FT. PER 
OTHER DWELLING UNIT 



Per FAR 



Parks and playgrounds No requirements 



All other principal 
permitted uses 



5,000 SQ. FT. 



Per FAR 



947 



Ord. 99-547 



1998-1999 Session 



(B) Accessory uses. 

The percentage of the lot covered by structures in an R-9 
District, both for the principal uses and for all accessory uses, 

MAY not exceed THE MAXIMUM LOT COVERAGES SPECIFIED IN 
subsections (a) and (C) of this SECTION. 

(c) Conditional USES. 

Principal conditional uses in an R-9 District must comply with 

THE minimum lot AREA AND THE MAXIMUM LOT COVERAGE 
REQUIREMENTS FOR SINGLE-FAMILY DETACHED DWELLINGS, EXCEPT AS 
FOLLOWS: 



Minimum 
LotArea 



Maximum 
Lot Coverage 



Governmental 
services 



As Board requires 



Health and medical 
institutions 

Heustops 



5,000 SQ.FT. 

As Board requires 



Per FAR 



Housing for the 
elderly 



135SQ. FT. per 
efficiency unit and 

200 SQ. FT. per 
OTHER DWELLING UNIT 



Per FAR 



Parking, open 

off-street areas 

and parking garages as ordinance requires 

Physicians' or dentists' 

professional ofhces as board requires 



Planned unit developments: 
residential as in title 9 



948 



1998-1999 Session 



Ord. 99-547 



pubuc ute-ity uses 
Rooming houses 



As Board requires 

275 SQ. FT. PER 

rooming unit and 

550 SQ. FT. PER 
OTHER DWELLING UNIT 



Per far 



Swimming pools 



15,000 SQ.FT. 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.9-2a. 

In subsection (a) of this section, the reference to "semi- 
detached dwellings" is clarified by adding the modifier 
"single-family". 



Defined terms: 






Accessory use 


§1-102 


Lot area 


§1-155 


Apartment hotel 


§1-111 


May 


c/. §1-211 


Board 


§1-118 


May not 


c/. §1-211 


Dentist 


§1-133 


Must 


c/. §1-211 


Dwelling 


§1-136 


Physician 


§1-175 


Dwelling unit 


§1-137 


Principal use 


§1-177 


Efficiency unit 


§1-138 


Rooming house 


§1-185 


Floor area ratio; FAR 


§1-145 


Rooming unit 


§1-186 


Helistop 


§1-149 


Structure 


§1-193 


Housing for elderly 


§1-151 


Use 


§1-196 


Lot 


§1-154 






§4-1207. Yards. 








(A) Permhted uses. 









For each principal permitted use in an R-9 District, a front yard, 
TWO side yards, and a rear yard must be provided with the 

FOLLOWING MINIMUM DEPTHS: 



949 



Ord. 99-547 



1998-1999 Session 





Front 


Interior 


Street 






Side 


Corner 
Side 


ALL PRINCIPAL 


NONE 




NONE 


PERMMTLD USES 


REQ'D 


10 ft. 


REQ'D 



Rear 



FOR DETACHED 
AND SEMI-DETACHED 

STRUCTURES AND 
FOR ENDS OF GROUPS 

(B) Accessory uses. 

As IN AN R-l District. 

(C) CONOmONAL uses. 

Principal conditional uses in an R-9 District must comply with 

THE YARD REQUIREMENTS FOR ALL PRINCIPAL PERMITTED USES AS SET 
FORTH IN SUBSECTION (A) OF THIS SECTION, EXCEPT AS FOLLOWS: 



Front 

Governmental 
services 

Helistops 

Parking, off-street 

GARAGES 

Parking, open 
off-street areas 

Planned unit developments: 
residential 

Public utility uses 

Swimming pools 



Interior 
Side 



Street 

Corner 

Side 



Rear 



As Board requires 
As Board requires 

as ordinance requires 

No REQUIREMENTS 

As IN Title 9 

As Board requires 
As Board requires 



950 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 



This section is new language derived without substantive 
change from Article 30, §4.9-2b. 

Deflned terms: 

Board §1-118 Street §1-190 

Helistop §1-149 Structure §1-193 

Must c/ §1-211 Use §1-196 

Principal use §1-177 Yard §1-198 



4-1208. Building height and floor area ratio. 

(A) Permitted uses. 

Maximum 
Building Height 

Single-family dwellings 35 ft. 

All other permitted uses in an R-9 District are subject to a 

MAXIMUM floor AREA RATIO OF 3.0. 



(B) Accessory USES. 
In an R-9 District: 

( 1 ) THE MAXIMUM HEIGHT OF A STRUCTURE ACCESSORY TO A 
DWELLING IS 20 FEET; AND 

(2) THE FLOOR AREA OF ALL ACCESSORY USES, TOGETHER WITH THE 
FLOOR AREA OF THE PRINCIPAL USE, MAY NOT EXCEED THE 
TOTAL ALLOWABLE FLOOR AREA PERMITTED FOR THE PRINCIPAL 
USE UNDER SUBSECTIONS (A) AND (C) OF THIS SECTION. 

(c) Conditional USES. 

The MAXIMUM floor area ratio of all PRINCIPAL CONDITIONAL USES 

IN AN R-9 District is 3.0, except as follows: 



951 



Ord. 99-547 1 998- 1 999 SESSION 

Maximum 
Floor Area Ratio 

Governmental services As Board requires 

Housing for the elderly 5.5 

Planned unit developments: 

residential as in title 9 

Public utility uses As Board requires 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.9-2c. 



Defi 


ned terms: 


Accessory structure 


§1-102 


Board 


§1-118 


Building 


§1-121 


Dwelling 


§1-136 


Floor area for FAR 


cf §1-302 


Floor area ratio 


§1-145 


Housing for elderly 


§1-151 


May not 


c/ §1-211 


Principal use 


§1-177 


Structure 


§1-193 


Use 


§1-196 



Subtitle 13. R-IO General Residence District 

Part I. Use Regulations 
§4-1301. Permitted uses. 

In AN R- 10 District, permitted uses are as follows: 

(1) As IN AN R-9 District. 

(2) Foreign consulates and consular offices. 



952 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 



This section is new language derived without substantive 
change from Article 30, §4. 10- la. 

In item (1) of this section, the reference to an R-2 District is 
changed to R-9, and items duplicative of those listed for R-9 
deleted. 

DeGned terms: 

Use §1-196 

§ 4-1302. Accessory uses. 

(A) In GENERAL 

In AN R- 10 District, the accessory uses and structures are, 

EXCEPT as specified IN SUBSECTION (B) OF THIS SECTION, THE SAME AS 
THOSE IN AN R-9 DISTRICT. 

(B) Exception for accessory shops. 

The aggregate of all accessory shop uses in a multiple-fame.y 
dwelling may exceed 6% but no more than 7% of the gross 
floor area of the building. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4. 10- lb. The cross-reference is 
changed to an R-9 District and the duplicative requirements 
for accessory shops deleted for brevity. 

Defined terms: 

Accessory use or structure § 1 - 1 02 May cf. §1-211 

Building §1-121 Structure §1-193 

Dwelling §1-136 Use §1-196 

Gross floor area cf. §1-304 



953 



Ord. 99-547 1 998- 1 999 Session 



§ 4-1303. Conditional uses — Board approval required. 

In AN R- 10 District, conditional uses that require Board approval 

ARE THE same AS THOSE IN AN R-9 DISTRICT (UNLESS ITIS A PERMITTED USE 
UNDER §4-1301). 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.10-lc. 

The reference to an R-1 District is changed to R-9, and items 
duplicative of those listed for R-9 deleted for brevity. 

Defined terms: 

Board §1-118 Use §1-196 



§ 4-1304. CONDITIONAL USES — ORDINANCE REQUIRED. 

In AN R-1 District, conditional uses that require approval by 

ORDINANCE ARE THE SAME AS THOSE IN AN R-7 DISTRICT (UNLESS ITIS A 
PERMITTED USE UNDER § 4-1301). 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4. 10- Id. 

Conforming to the pattern used for the other types of uses, a 
cross-reference is substituted for formerly listed items that 
merely duplicated those listed in the R-7 District. 

Defined terms: 

Use §1-196 



§ 4-1305. {Reserved} 



954 



1998-1999 Session 



Ord. 99-547 



PartIL Bulk Regulations 

4-1306. Lot AREA AND COVERAGE. 

(A) Permhted uses. 

Each principal permitted use in an R- 10 District must comply 

WITH THE following REQUIREMENTS FOR MINIMUM LOT AREA WITH FOR 
THE MAXIMUM PERCENTAGE OF A LOT THAT MAY BE COVERED BY 
STRUCTURES: 



Minimum 
LotArea 



Maximum 
Lot Coverage 



Single-family 
detached dwellings 



5,000 SQ. FT. 



50% 



Single-family semi- 
detached DWELLINGS 



2,000 SQ. ft. per 60% 

DWELLING UNIT 



Single-family 
attached dwellings 



750 SQ. FT. PER 70% 

DWELLING UNIT 



Multiple-family 
dwellings and 
apartment hotels 



1 35 SQ. FT. PER Per FAR 

EFHCENCY UNIT 
AND ROOMING UNIT AND 
200 SQ. FT. PER 
OTHER DWELLING UNIT 



Rooming HOUSES 



100 SQ.FT. PER Per FAR 

ROOMING UNIT AND 
200 SQ. FT. PER 
OTHER DWELLING UNIT 



Parks and playgrounds 



No requirements 



All other principal 
permitted uses 



5,000 SQ. FT. 



Per FAR 



955 



Ord. 99-547 



1998-1999 Session 



f 



(B) Accessory USES. 

The percentage of the lot covered by structures in an R- 10 
District, both for the principal uses and for all accessory uses, 
may not exceed the maximum lot coverages as specified in 
subsections (a) and (c) of this section. 

(c) Conditional USES. 

Principal conditional uses in an R- 10 District must comply with 

THE minimum lot AREA AND THE MAXIMUM LOT COVERAGE 
requirements for SINGLE-FAMILY DETACHED DWELLINGS, EXCEPT AS 
FOLLOWS: 



Minimum 
LotArea 



Maximum 
Lot Coverage 



Governmental 
services 

Health and medical 
institutions 

Helistops 

Housing for the 

ELDERLY 



As Board requires 

5,000 SQ. FT. Per FAR 

As Board requires 



80 SQ. FT. per 
efhciency unit and 

120SQ. FT. PER 
OTHER DWELLING UNIT 



Per FAR 



Parking, open 
off-street areas 
and parking garages 

Physicians' or dentists' 
professional ofrces 

Planned unit developments: 
residential 

pubuc utility uses 



As ORDINANCE REQUIRES 
As BOARD REQUIRES 

AS IN Title 9 

As BOARD REQUIRES 



956 



1998-1999 Session 



Ord. 99-547 



Rooming houses 



100 SQ.FT. PER 
ROOMING UNIT AND 
200 SQ. FT. PER 
OTHER DWELLING UNIT 



Per FAR 



Swimming pools 



15,000 SQ.FT. 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.10-2a. 

In subsection (a) of this section, the reference to "semi- 
detached dwellings" is clarified by adding the modifier 
"single-family". 



Defined terms: 

Accessory use § 1 - 1 02 Lot area 

Apartment hotel § 1 - 1 1 1 May 

Board §1-118 May not 

Dwelling §1-136 Must 

Dwelling unit § 1 - 1 3 7 Principal use 

Efficiency unit §1-138 Rooming house 

Floor area ratio; FAR § 1 - 1 45 Rooming unit 

Helistop §1-149 Structure 

Housing for elderly § 1 - 1 5 1 Use 

Lot §1-154 



§1-155 

c/. §1-211 

c/. §1-211 

c/. §1-211 

§1-177 

§1-185 

§1-186 

§1-193 

§1-196 



4-1307. Yards. 

(A) Permitted uses. 

For each principal permitted use in an R- 10 District, a front 

YARD, TWO side YARDS, AND A REAR YARD MUST BE PROVIDED WITH THE 
FOLLOWING MINIMUM DEPTHS: 



957 



Ord. 99-547 



1998-1999 Session 



Front 



Interior 
Side 



Street 

Corner 

Side 



Rear 



All principal none none 

PERMITTED USES REQ'D 10 FT. REQ'D 10 FT. 

FOR DETACHED 
AND SEMI-DETACHED 

STRUCTURES AND 
FOR ENDS OF GROUPS 

(B) Accessory USES. 

As IN AN R-l District. 

(c) Conditional USES. 

Principal conditional uses in an R- 10 District must comply with 
the yard requirements for all principal permitted uses as set 

FORTH IN SUBSECTION (A) OF THIS SECTION, EXCEPT AS FOLLOWS: 



Front 



Interior 
Side 



Street 

Corner 

Side 



Rear 



Governmental 
services 

Helistops 

Parking, off-street 
garages 

Parking, open 
off-street areas 



As Board requires 
As Board requires 

As ordinance requires 

No requirements 



Planned unit developments: 
residential As in Title 9 



Public utility uses 
Swimming pools 



As Board requires 
As Board requires 



958 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 



Defined terms: 




§1-118 


Street 


§1-149 


Structure 


c/ §1-211 


Use 


§1-177 


Yard 



This section is new language derived without substantive 
change from Article 30, §4.10-2b. 



Board §1-118 Street §1-190 

Helistop §1-149 Structure §1-193 

Must c/ §1-211 Use §1-196 

Principal use §1-177 Yard §1-198= 



4-1308. Building height and floor area ratio. 

(a) Permuted uses. 

Maximum 
Building Height 

Single-family dwellings 35 ft. 

All other permitted uses in an R- 10 District are subject to a 

MAXIMUM floor AREA RATIO OF 6.0. 

(B) Accessory uses. 
In AN R-IO District: 

( 1 ) THE MAXIMUM HEIGHT OF A STRUCTURE ACCESSORY TO A 
dwelling IS 20 FEET; AND 

(2) THE FLOOR AREA OF ALL ACCESSORY USES, TOGETHER WITH THE 
FLOOR AREA OF THE PRINCIPAL USE, MAY NOT EXCEED THE 
TOTAL ALLOWABLE FLOOR AREA PERMITTED FOR THE PRINCIPAL 
USE UNDER SUBSECTIONS (A) AND (C) OF THIS SECTION. 

(c) Conditional USES. 

The maximum floor area ratio of all principal conditional uses 
IN AN R- 10 District 6.0, except as follows: 



959 



Ord. 99-547 



998-1999 Session 



Ord. 99-547 



Governmental services 

Housing for the elderly 

Planned unit developments: 
residential 

Public utility uses 



Maximum 
FuDOR Area Ratio 

As Board requires 

9.0 

As IN Title 9 

As Board requires 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §4.10-2c. 



] 








Accessory structure 


§1-102 


Housing for elderly 


§1-151 


Board 


§1-118 


May not 


c/ §1-211 


Building 


§1-121 


Principal use 


§1-177 


Dwelling 


§1-136 


Structure 


§1-193 


Floor area for FAR 


c/ §1-302 


Use 


§1-196 


Floor area ratio 


§1-145 







Title 5 
Office-Residence District 

Subtitle 1. Overview; General Requirements 

Part I. Overview 

§ 5-101. Design. 

The Ofhce-Residence District is designed primarily to accommodate 
OFncE and residential uses in appropriate areas and locations. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1" sentence of the introductory paragraph to 
Chapter 5 of Article 30. 



960 



1 998- 1 999 Session Ord. 99-547 

The former reference to "major thoroughfares and in certain 
areas" is deleted as superfluous. 

Defined terms: 
Use §1-196 

§5-102. Regulatory INTENT. 

The regulations for this district are intended: 

( 1 ) to encourage sound development in the district; and 

(2) to promote the stability and desirability of the district and 

ADJACENT DISTRICTS. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"** sentence of the introductory paragraph 
to Chapter 5 of Article 30. 

Defined terms: 

Adjacent §1-103 

§ 5-103. subdistricts. 

The Ofrce-Resedence District is divided into 4 subdistricts for 
purposes of bulk regulations, as set forth in subtitle 2 of this title. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §5.1. 



961 



Ord. 99-547 1 998- 1 999 SESSION 

Part 11. General Requirements 
§ 5-104. In general. 

In addition to the general provisions of Title 3 { "General Rules" } of 

THIS article and THE REGULATIONS SPECIFIED IN THIS TITLE FOR A 

particular subdistrict, the following provisions apply to all 
Office-Residence Subdistricts. 

Revisor's Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, §5.0-2. 

A cross-reference to Title 3 is added for clarity. Also, the 
reference to a "district" is corrected to "subdistrict", since it 
is the subdistrict level at which bulk regulations are 
determined. 

§5-105. Lot AREA. 

(A) In GENERAL. 

Except as specified in § 3-306(d) {"Preexisting lot of record"} of 
this article, no use may be established and maintained on a lot 
that is smaller than the size required by this title for that use 
in the subdistrict in which it is to be located. 

(B) Open SPACE REDUCTION. 

If the front, side, or rear lot line of a LOT ADJOINS OR IS DIRECTLY 
ACROSS A STREET OR ALLEY FROM A PERMANENT OPEN SPACE THAT IS AT 
LEAST 5 ACRES AND AT LEAST 200 FEET DEEP PERPENDICULAR TO THE LOT 
LINE, THE REQUIRED LOT AREA PER DWELLING UNIT MAY BE REDUCED BY 
UP TO 15%. 

(c) Computations. 

( 1 ) The MAXIMUM number of permitted dwelling UNITS ON A LOT IS 
DETERMINED BY DIVIDING THE TOTAL AREA OF THE LOT BY THE LOT 
AREA REQUIREMENT THAT APPLIES TO THE SUBDISTRICT IN WHICH 
THE LOT IS LOCATED. 



962 



1 998- 1 999 Session Ord. 99-547 



(2) A FRACTION OF THE TOTAL AREA THAT IS 50% OR MORE OF THE 

REQUIRED LOT AREA FACTOR COUNTS AS AN ADDITIONAL PERMITTED 
DWELLING UNIT. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §5.0-2al through 2a3. 

In subsections (a) and (c)(1) of this section, references to a 
"district" have been corrected to "subdistrict", since it is the 
subdistrict level at which bulk regulations are determined. 





Defined terms: 






Alley 


§1-108 


No ... may 


c/: §1-211 


Dwelling 


§1-136 


May 


c/: §1-211 


Dwelling unit 


§1-137 


Permanent open space 


§1-173 


Lot 


§1-154 


Street 


§1-190 


Lot area 


§1-155 


Use 


§1-196 


Lot line 


§1-156 







§ 5-106. {Reserved} 
§ 5-107. Yards. 

(a) Accessory structures. 

Accessory structures must comply with the yard requirements 
of the principal structure, except that: 

( 1 ) IN O-R-3 AND O-R-4 Districts, an attached garage that is 

NO MORE than 1 2 FEET HIGH NEED NOT COMPLY WITH THE REAR 
YARD REQUIREMENTS OF THE PRINCIPAL STRUCTURE; AND 

(2) IN O-R-2, O-R-3, AND O-R-4 Districts, an accessory 

GARAGE ATTACHED TO A MULTIPLE-FAMILY DWELLING OR AN 
APARTMENT HOTEL NEED NOT COMPLY WITH ANY OF THE YARD 
REQUIREMENTS OF THE PRINCIPAL STRUCTURE. 



963 



Ord. 99-547 



1998-1999 Session 



(B) Using a verage of existing improvements. 

( 1 ) This subsection applies to a subsequently-erected or - 
expanded structure on a block where lots having 50% or 
more of the frontage on the same side of a street and within 
200 feet of either of the structure' s side lot lines have 
already been improved with structures that have front 
yards of more or less depth than required by this title. 

(2) The required front- yard depth for the subsequently- 
erected OR -EXPANDED STRUCTURE WITHIN THAT FRONTAGE IS THE 
AVERAGE DEPTH OF THE FRONT YARDS OF THE ALREADY- IMPROVED 
LOTS, BUT IN NO CASE MORE THAN 30 FEET. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §5.0-2b2 and 2b3. 

In subsection (b) of this section, the newly-defined term 
"expand[ed]" is substituted for "extended. 

The provisions of §5.0-2bl are deleted as redundant of the 
rule already stated in both §1-138 {"Yard"} and §3-209(a) 
{"Projections ... into required yards: In general"}. 



Defined terms: 






Accessory structure 


§1-102 


Lot line 


§1-156 


Apartment hotel 


§1-111 


Must 


c/ §1-211 


Block 


§1-117 


Principal structure 


§1-177 


Dwelling 


§1-136 


Street 


§1-190 


Erect 


§1-140 


Structure 


§1-193 


Expand 


§1-141 


Yard 


§1-198 


Lot 


§1-154 






§ 5-108. Floor area ratio. 






(A) In GENERAL 









Floor area ratio requirements, as set forth in this title for 
each subdistrict, determine the maximum floor area allowable, 



964 



1 998- 1 999 Session Ord. 99-547 



FOR BOTH PRINCIPAL AND ACCESSORY STRUCTURES, IN DIRECT RATIO TO 
THE GROSS AREA OF THE LOT. 

(B) Open SPACE REDUCTION. 

If THE FRONT, SIDE, OR REAR LOT LINE OF A LOT ADJOINS OR IS DIRECTLY 
ACROSS A STREET OR ALLEY FROM A PERMANENT OPEN SPACE THAT IS AT 
LEAST 5 ACRES AND AT LEAST 200 FEET DEEP PERPENDICULAR TO THE LOT 
LINE, THE FLOOR AREA RATIO MAY BE INCREASED BY UP TO 15%. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §5.0-2c. 

In subsection (a) of this section, the reference to a "district" 
has been corrected to "subdistrict", since it is the subdistrict 
level at which bulk regulations are determined. 



Defined terms: 






Accessory structure 


§1-102 


Lot line 


§1-156 


Alley 


§1-108 


May 


c/ §1-211 


Floor area for FAR 


cf. §1-302 


Permanent open space 


§1-173 


Floor area ratio 


§1-145 


Principal structure 


§1-177 


Lot 


§1-154 


Street 


§1-190 


Lot area 


§1-155 


Structure 


§1-193 



Subtitle!. O-R District 

PartL Use Regulations 
§ 5-201. Permitted uses. 

In AN O-R District, permitted uses are as follows: 

(1) Dwellings. 

(2) Apartment HOTELS. 

(3) Foreign consulates and coNSULi\R offices. 

f4) £31 Educational and cultural institutions : nonprofit or 

PUBLICLY OWNED, AS FOLLOWS: 

965 



Ord. 99-547 1 998- 1 999 SESSION 

(I) Elementary and secondary schools. 

(n) Community colleges, colleges, and universities — 

BUT not including TRADE SCHOOLS. 

(Ill) Libraries AND ART GALLERIES. 

(rv) Museums, aquariums, and planet ariums. 

(4) Foreign consulates and consular offices. 

(5) Offices: business, governmental, and professional — but not 
including sales and bulk storage of merchandise on the 
premises. 

(6) Recreational FACiLmES: nonprofit or publicly owned, as 

FOLLOWS: 

(I) Athletic fields. 

(n) Parks AND playgrounds. 

(m) Recreation buildings and community centers. 

(rv) Tennis and lacrosse clubs. 

(7) Religious institutions, as FOLLOWS: 

(I) Churches, temples, and synagogues. 
(n) Convents, seminaries, and monasteries. 

(8) Rooming houses — but with no more than 10 rooming units in 

EACH structure. 

(9) Telephone EXCHANGES. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §5.1 -la. 



966 



1 998- 1 999 Session Ord. 99-547 



In item (3) of this section, "secondary schools" is substituted 
for the obsolete "junior and senior high schools", and 
"community colleges" is substituted for the obsolete"junior 
colleges". 

In item (8) of this section, the phrase "for three or more 
roomers" is deleted as redundant. By definition, a rooming 
house is "for the accommodation of 3 or more individuals". 





Defined terms: 






Apartment hotel 


§1-111 


Rooming house 


§1-185 


Building 


§1-121 


Rooming unit 


§1-186 


Dwelling 


§1-136 


Structure 


§1-193 


Nonprofit 


§1-167 


Use 


§1-196 


Premises 


§1-176 







§5-202. Accessory USES. 

In an 0-R District, accessory uses and structures include the 
following: 

(1) As IN AN R-1 District, except that club houses or similar 

structures on the GROUNDS OF GOLF COURSES ARE NOT 
PERMITTED. 

I (2) ACCESSORY SHOPS IN A MULTIPLE-FAMILY BUILDING THAT CONTAINS 

I 50 OR MORE DWELLING AND EFRCIENCY UNITS OR IN A BUILDING 

THAT CONTAINS MORE THAN 20,000 SQUARE FEET OF GROSS FLOOR 
AREA DEVOTED TO BUSINESS AND PROFESSIONAL OFRCE USE, 
SUBJECT TO THE FOLLOWING CONDITIONS: 

(I) THE USES ARE LIMITED TO DINING ROOM, COCKTAIL 

LOUNGE, DRUG STORE OR PHARMACY, NEWSSTAND, RETAIL 
FOOD SHOPS, BEAUTY SHOPS, BARBER SHOPS, AND SIMILAR 
PERSONAL SERVICE SHOPS PRIMARILY FOR THE OCCUPANTS 
OF THE BUILDING; 

(n) THE USE MUST BE CONDUCTED ENTIRELY INSIDE THE 
BUILDING; 



b 



967 



Ord. 99-547 



1998-1999 Session 



(in) THE AGGREGATE OF ALL SUCH USES MAY NOT EXCEED 7% 
OF THE GROSS FLOOR AREA OF THE BUILDING; AND 

(IV) NO EXTERIOR ADVERTISING SIGN IS ALLOWED, EXCEPT 1 
NON-nJLUMINATED OR INDIRECTLY EXUMINATED 
IDENTIFICATION SIGN THAT: 

(A) IS LIMITED TO THE NAME OR DESCRIPTION OF THE 
USE; 

(B) DOES NOT EXCEED 3 SQUARE FEET; 

(C) IS NO MORE THAN 12 FEET HIGH; AND 

(D) DOES NOT PROJECT MORE THAN 8 INCHES FROM 
THE BUILDING. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §5,1 -lb and 10.0-2b7. 

In the introductory clause of this and counterpart sections, 
the phrase "incidental to and on the same lot as a principal 
use" is deleted as unnecessary and misleadingly incomplete, 
given the more-encompassing provisions in §1-102 
(defining "accessory use" ) and the same-lot requirements of 
§3-304. Also in that introductory clause, the phrase "but not 
limited to" is deleted as unnecessary in light of the definition 
of "includes; including" to the same effect. 

For brevity, a cross-reference is used here instead of 
repeating the numerous items that are the same as those in 
theR-1 District. 





Deflned terms: 








Accessory use or structure 


§1-102 


Includes; 


including 


§1-152 


Building 




§1-121 


May not 




c/ §1-211 


Dwelling 




§1-136 


Must 




c/ §1-211 


Dwelling unit 




§1-137 


Sign 




§1-189 


Efficiency unit 




§1-138 


Structure 




§1-193 


Gross floor area 




c/ §1-304 


Use 




§1-196 



968 



1 998- 1 999 Session Ord. 99-547 



§ 5-203. Conditional uses — Board approval required. 

In an 0-R District, conditional uses that require Board approval 

ARE AS FOLLOWS: 

( 1 ) ACCESSORY radio AND TELEVISION ANTENNAS THAT ARE FREE- 
standing or that extend more than 1 2 feet above the 
building on which they are mounted — but not including 
microwave antennas (satellite dishes). 

(2) Accessory microwave antennas (satellite dishes), as 

FOLLOWS: 

(I) A mounted satellite dish that: 

(A) IS ATTACHED TO THE FRONT HALF OF THE ROOF OF 
THE PRINCIPAL BUILDING OR TO THE REAR HALF OF 
THE ROOF LESS THAN 5 FEET BEYOND THE CENTER 
LINE; AND 

(B) HAS THE FOLLOWING DIMENSIONS: 

1 . IF CONSTRUCTED OF SOLID MATERIAL, IT: 

A. IS OVER 4 FEET IN 
DIAMETER; OR 

B . PROJECTS MORE THAN 6 
FEET FROM THE BUILDING 
ON WHICH IT IS MOUNTED; 
AND 

2. IF CONSTRUCTED OF EXPANDED 
ALUMINUM MESH OR WIRE SCREEN, IT: 

A. IS OVER 6 FEET IN 
DIAMETER; OR 

B . PROJECTS MORE THAN 8 
FEET FROM THE BUILDING 
ON WHICH IT IS MOUNTED. 

969 



Ord. 99-547 1 998- 1 999 SESSION 

(ii) a free-standing satellite dish that is: 

(a) more than 6 feet in diameter; 

(b) more than 10 feet high; or 

(c) not constructed of expanded aluminum 
mesh or wire screen. 

(3) Bed and breakfast establishments, subject to the condition 

THAT no sign OR OTHER ADVERTISING IS ALLOWED ON THE PREMISES 
OTHER THAN A NAMEPLATE IN ACCORDANCE WITH § 11-3 16 
{ "NaMEPLATES" } OF THIS ARTICLE. 

(4) Bed and breakfast homes, subject to the condition that no 
sign or other advertising is allowed on the premises other 
than a nameplate in accordance with § 1 1-3 16 
{"nameplates"} of this article. 

(5) Clinics: medical and dental. 

(6) Clubs and lodges: nonprofit. 

(7) Day nurseries and nursery schools. 

(8) Foster homes for more than 6 children. 

(9) Fraternity and sorority houses: off-campus. 

(10) Governmental SERVICES, as follows: 

(I) Fire and police stations. 

(II) POSTOFRCES. 

(m) Sewerage pumping stations. 

(IV) Water filtration plants, reservoirs, and pumping 
stations. 

(11) Health and medical institutions: for care of aged or 
children. 

970 



1 998- 1 999 Session Ord. 99-547 

(12) Helistops. 

(13) Marinas : recreational. 

(14) Marinas: recreational boat launch/tie up. 

(15) Multi-purpose NEIGHBORHOOD centers. 

(16) Philanthropic AND CHARITABLE institutions. 

(17) Public utility uses, AS FOLLOWS: 

(I) Antenna towers, microwave relay towers, and 

similar INSTALLATIONS FOR COMMUNICATIONS 
TRANSMISSION OR RECEIVING. 

(n) Bus AND TRANSIT TURNAROUNDS AND PASSENGER 
SHELTERS. 

(m) Railroad rights-of-way and passenger stations — 

BUT NOT INCLUDING RAILROAD YARDS AND SHOPS. 

(IV) Repeater, transformer, pumping, booster, switching, 

CONDITIONING, AND REGULATING STATIONS, AND SIMILAR 
INSTALLATIONS. 

(18) Radio STATIONS. 

(19) Recycling collection stations when an accessory use to a 
school, church, recreation facility, or public facility. 

(20) Rooming houses with 1 1 or more rooming units. 

(21) Swimming pools: nonprofit or publicly owned. 

(22) Travel trailers, recreational vehicles, and similar 
camping equipment: parking or storage. 

(23) Uses accessory to a conditional use listed above. 



971 



Ord. 99-547 



1998-1999 Session 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §5.1-lc, and from the last sentence 
of each of § 1 3.0-2-6a and 6b. 

In item (7) of this section, the reference to "group day care 
centers" is deleted as unnecessary, since they are 
encompassed within "day nurseries", as defined. 

In item (22) of this section, "recreational vehicles" is added 
to clarify the reference to "similar camping equipment". 



Deflned terms: 






Accessory use or structure 


§1-102 


Nursery school 


§1-168 


Bed and breakfast est't 


§1-115 


Premises 


§1-176 


Bed and breakfast home 


§1-116 


Principal structure 


§1-177 


Board 


§1-118 


Recycling collection station 


§1-182 


Building 


§1-121 


Rooming house 


§1-185 


Day nursery 


§1-132 


Rooming unit 


§1-186 


Helistop 


§1-149 


Sign 


§1-189 


Marina 


§1-157 


Structure 


§1-193 


Multi-purpose ... center 


§1-163 


Travel trailer 


§1-195 


Nonprofit 


§1-167 


Use 


§1-196 



i 



§ 5-204. Conditional uses — ordinance required. 

In an 0-R District, conditional uses that require approval by 

ordinance are as FOLLOWS: 

( 1 ) Community correction centers. 

(2) Convalescent, nursing, and rest homes. 

(3) Hospitals. 

(4) Housing FOR THE elderly. 

(5) Massage therapists' OFncES. 

(6) Nonprofit homes for the rehabilitation of non-bedridden 
alcoholics and for the care and custody of homeless 
persons. 



i 



972 



1998-1999 Session 



Ord. 99-547 



(7) Parking, open off-street areas and off-street garages, 
other than accessory, for the parking of 4 or more 
automobiles. 

(8) Parole and probation field ofhces. 

(9) Planned unit developments: office-residential. 

(10) Substance abuse treatment centers. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §5.1 -Id (as amended by Ordinance 
98-252). 

Defined terms: 



A ccessory use § 1 - 1 02 

Automobile §1-114 

Community correction center § 1 - 1 28 

Convalescent . . . home § 1 - 1 29 

Housing for elderly § 1 - 1 5 1 



Massage therapist 's office § 1 - 1 5 9 

Nonprofit §1-167 

Parole ... field office § 1 - 1 69 

Substance abuse . . . center § 1 - 1 94 

Use §1-196 



§ 5-205. {Reserved} 

Part II. Bulk Regulations 
§ 5-206. Lot area. 

(A) In GENERAL 

For each dwelling, efficiency, or rooming unit in an 0-R 
District, the minimum lot area is as specified in this section. 

(B) 0-R- 1 District. 

(1) General 

Except as specified in paragraph (2) of this subsection, the 
minimum lot area in an O-R-1 District is: 



973 



Ord. 99-547 1 998- 1 999 SESSION 

(I) 1 ,250 SQUARE FEET PER ROOMING UNIT. 

(II) 1 ,675 SQUARE FEET PER EFFICIENCY UNIT. 

(m) 2,500 SQUARE FEET PER OTHER DWELLING UNIT. 

(2) Housing FOR ELDERLY. 

The minimum lot area for housing for the elderly in an 0-R- 

1 District is: 

(i) 500 square feet per efrcienc y unit, 
(n) 750 square feet per other dwelling unit. 
(c) O-R-2 District. 

(1) General 

Except as specified in paragraph (2) of this subsection, the 
minimum lot area in an o-r-2 district is: 

(i) 275 square feet per rooming unit. 

(ii) 375 square feet per efhciency unit. 

(ill) 550 square feet per other dwelling unit. 

(2) Housing FOR ELDERLY. 

The MINIMUM LOT AREA FOR HOUSING FOR THE ELDERLY IN AN 0-R- 

2 District IS: 

(0 135 SQUARE FEET PER EFHCIENCY UNIT. 

(II) 200 SQUARE FEET PER OTHER DWELLING UNIT. 

(D) O-R-3 AND O-R-4 Districts. 
(1) General 



974 



1 998- 1 999 Session Ord. 99-547 

Except as specified in paragraph (2) of this subsection, the 
minimum lot area in an o-r-3 and o-r-4 district is: 

(i) 1 00 square feet per rooming unit. 

(n) 1 35 square feet per efhceency unit. 

(in) 200 square feet per other dwelling unit. 

(2) Housing for elderly. 

The minimum lot area for housing for the elderly in an 0-R- 
3 AND O-R-4 District is: 

(I) 80 SQUARE FEET PER EFHCIENCY UNIT. 

(n) 1 20 SQUARE FEET PER OTHER DWELLING UNIT. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §5.1 -2a. 

Defined terms: 

Dwelling §1-136 Lot §1-154 

Dwelling unit §1-137 Lot area §1-155 

Efficiency unit §1-138 Rooming unit §1-186 

Housing for elderly § 1 - 1 5 1 

§ 5-207. Yards. 

(A) In GENERAL 

The minimum yard requirements in an O-R District are as 
specified in this section. 

(B) Front. 

( 1 ) In AN O-R- 1 District — at least 20 feet deep. 



975 



Ord. 99-547 1998-1999 SESSION 

(2) In an O-R-2 District — at least 1 feet deep. 

(3) In an O-R-3 and O-R-4 District — none required. 

(c) Interior SIDE. 

None required. However, where an interior side yard is 

provided, it must be at least 1 FEET DEEP. 

(d) Street corner side. 

( 1 ) In an 0-R- 1 District — at least 30 feet deep. 

(2) In an O-R-2 District — at least 1 feet deep. 

(3) In an O-R-3 and O-R-4 District — none required. 

(E) Rear. 

( 1 ) In AN 0-R- 1 District — at least 30 feet deep. 

(2) In an O-R-2 District — at least 1 feet deep. 

(3) In an O-R-3 and O-R-4 District — at least 10 feet deep. 

(F) Along Residence District boundaries. 

If any part of a side lot line in an 0-R District coincides with a 
side or rear lot line in an adjoining Residence District, a 
minimum 10-foot yard must be provided on the ofhce-residence 
lot wherever the lot lines so coincide. 

Re VISOR'S Note 

This section is new language derived without substantive 
change from Article 30, §5.1 -2b. 

In subsection (c) of this section, the exception to the 10- 
foot-yard requirement ("unless otherwise stated in this 
section") is deleted given the absence in this section of any 
provision that "otherwise state[s]". 



976 



1 998- 1 999 Session Ord. 99-547 

Defined terms: 

Adjoining § 1 - 1 04 Must c/ § 1 -2 1 1 

Lot §1-154 Yard §1-198 

Lot line §1-156 

§ 5-208. Floor area ratio. 

(A) In GENERAL 

The maximum floor area ratios in an 0-R District are as 
specified in this section. 

(B) 0-R-l District. 

(1) General 

Except as specified in paragraph (2) of this subsection, the 
floor area ratio in an 0-r-l district may not exceed 1 .0. 

(2) Housing FOR ELDERLY. 

The FLOOR AREA RATIO FOR HOUSING FOR THE ELDERLY IN AN 0-R-l 
DISTRICT MAY NOT EXCEED 1 .5. 

(3) Height LIMITATIONS. 

In ANY EVENT, NO STRUCTURE IN AN 0-R-l DISTRICT MAY BE 
HIGHER THAN 40 FEET. 

(c) O-R-2 District. 

(1) General. 

Except as specified in paragraph (2) of this subsection, the 
floor area ratio in an o-r-2 district may not exceed 3.0. 

(2) Housing FOR ELDERLY 

The floor area ratio for housing for the elderly in an O-R-2 
District may not exceed 5.5. 



977 



Ord. 99-547 1 998- 1 999 SESSION 

(D) O-R-3 District. 

(1) General 

Except as specified in paragraph (2) of this subsection, the 

FLOOR area ratio IN AN O-R-3 DISTRICT MAY NOT EXCEED 6.0. 

(2) Housing FOR ELDERLY. 

The floor area ratio for housing for the elderly in an O-R-3 

DISTRICT MAY NOT EXCEED 9.0. 

(E) O-R-4 District. 

The floor area ratio dm an O-R-4 District may not exceed 1 2.0. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §5.1 -2c. 

Defined terms: 

Floor area for FAR cf. § 1 -302 May not c/ § 1 -2 1 1 

Floor area ratio §1-145 No ... may c/ §1-211 

Housing for elderly §1-151 Structure §1-193 

Title 6 
Business Districts 

Subtitle!. Overview; General Requirements 

Part I. Overview 

§6-101. Purpose. 

Five business districts, each designed for a sPEcmc purpose and 
function, are established to meet the shopping and business needs in 
neighborhood areas, community areas, and the central business 
district. 



978 



1 998- 1 999 Session Ord. 99-547 

Revisor's Note 

This section is new language derived without substantive 
change from the T' sentence of the introductory paragraph to 
Chapter 6 of Article 30. 

Defined terms: 

Central business district § 1 - 1 24 

§6-102. Regulatory INTENT. 

The regulations are designed and intended: 

( 1 ) to promote growth and stability of business and related 
development; and 

(2) TO PROTECT THE CHARACTER OF THE DISTRICT AND ITS SUITABILnT 
FOR PARTICULAR USES. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"^* sentence of the introductory paragraph 
to Chapter 6 of Article 30. 

DeHned terms: 

Use §1-196 

§ 6-103. {Reserved} 

Part II. General Requirements 

§6-104. In GENERAL. 

In ADDITION TO THE GENERAL PROVISIONS OF TITLE 3 { "GENERAL RULES" } OF 
THIS ARTICLE AND THE REGULATIONS SPECIFIED IN THIS TITLE FOR A 
PARTICULAR DISTRICT OR SUBDISTRICT, THE FOLLOWING PROVISIONS APPLY TO 
ALL BUSINESS DISTRICTS. 



979 



Ord. 99-547 1998-1999 Session 



Revisor's Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, §6.0-2. 

A cross-reference to Title 3 is added for clarity. Also, the 
reference to a "subdistrict" has been added, since bulk 
regulations are determined at that level. 

§6-105. Lot AREA. 

(A) In GENERAL. 

Except as specified in § 3-306(d) {"Preexisting lot of record"} of 

THIS article, no USE MAY BE ESTABLISHED AND MAINTAINED ON A LOT 
THAT IS SMALLER THAN THE SIZE REQUIRED BY THIS TITLE FOR THAT USE 
IN THE SUBDISTRICT IN WHICH THE USE IS TO BE LOCATED. 

(B) Computations. 

( 1 ) The maximum number of permitted dwelling units on a lot is 
determined by dividing the total area of the lot by the lot 
area requirement that applies to the subdistrict in which 
the lot is located. 

(2) a fraction of the total area that is 50% or more of the 
required lot area factor counts as an additional permitted 
dwelling unit. 

(c) Families PER ACRE IN B-5 District. 

In A B-5 District, no bulding may be altered or its occupancy 

CHANGED TO HOUSE MORE THAN 60 FAMILIES PER ACRE, UNLESS THE 
building was originally DESIGNED, CONSTRUCTED, AND EQUIPPED AS 
A MULTIPLE-FAMILY DWELLING FOR MORE THAN 6 FAMILIES. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.0-2al, 2a2, and the 1" sentence 
of 2a4. 



980 



1998-1999 Session 



Ord. 99-547 



In subsections (a) and (b)(1) of this section, references to a 
"district" have been corrected to "subdistrict", since it is the 
subdistrict level at which bulk regulations are determined. 

In subsection (c) of this section, the exception for families 
occupying buildings on December 1, 1967, is deleted as 
obsolete. 





Defined terms: 






Building 


§1-121 


Lot area 


§1-155 


Dwelling 


§1-136 


No ... may 


c/ §1-211 


Dwelling unit 


§1-137 


Street 


§1-190 


Family 
Lot 


§1-142 
§1-154 


Use 


§1-196 



§ 6-106. {Reserved} 
§ 6-107. Yards. 

(A) Accessory STRUCTURES. 

Accessory structures must comply with the yard requirements 

OF THE principal STRUCTURE. 

(B ) Using a verage of existing improvements 

( 1 ) This subsection apples to a subsequently-erected or - 
expanded structure on a block where lots having 50% or 
more of the frontage on the same side of a street and within 
100 feet of either of the structure' s side lot lines have 
already been improved with structures that have front 
yards of more or less depth than required by this title. 

(2) The required front- yard depth for the subsequently- 
erected OR -EXPANDED STRUCTURE WITHIN THAT FRONTAGE IS THE 
AVERAGE DEPTH OF THE FRONT YARDS OF THE ALREADY-IMPROVED 
LOTS, BUT IN NO CASE MORE THAN 20 FEET. 



98: 



Ord. 99-547 1 998- 1 999 SESSION 



(c) Side lot along Residence and Office-Residence District 
boundaries. 

( 1 ) Except in a B-4 or B-5 District, ef any part of a side lot line 
CM A Business District coincides with a side or rear lot line in 

AN ADJOINING RESIDENCE OR OFHCE-RESIDENCE DISTRICT, A YARD 

must be provided on the business lot wherever the lot lines 
so coincide. 

(2) The yard to be provided under this subsection must at least 
equal the minimum side yard required for a residential use 

ON THE ADJOINING RESIDENCE OR OFRCE-RESEDENCE DISTRICT LOT. 

Revisor's Note 

Subsections (a) and (b) of this section are new language 
derived without substantive change from Article 30, §6.0- 
2b2 and 2b3. Subsection (c) of this section is new language 
that combines without substantive change the identical 
provisions of Article 30, §§6.1-2b5, 6.2-2b5, and 6.3-2b5. 

In subsection (a) of this section, the reference to accessory 
structures "attached to principal structures" is deleted as an 
oxymoron. Something attached to a principal structure is 
itself a part of the principal structure. 

In subsection (b) of this section, the newly-defined term 
"expand[ed]" is substituted for "extended". 

The provisions of §6.0-2bl are deleted as redundant of the 
rule already stated in both §1-198 {"Yard"} and §3-209(a) 
{"Projections ... into required yards: In general"}. 





Defined terms: 






Accessory- 


structure § 1 - 1 02 


Must 


c/ §1-211 


Adjoining 


§1-104 


Principal structure 


§1-177 


Block 


§1-117 


Street 


§1-190 


Erect 


§1-140 


Structure 


§1-193 


Expand 


§1-141 


Use 


§1-196 


Lot 


§1-154 


Yard 


§1-198 


Lot line 


§1-156 







982 



1998-1999 Session 



Ord. 99-547 



§ 6-108. Floor area ratio. 

(a) In general 

Floor area ratio requirements, as set forth in this title for 
each subdistrict, determine the maximum floor area allowable, 
for both principal and accessory structures, in direct ratio to 

THE GROSS AREA OF THE LOT. 

(B) Open SPACE REDUCTION. 

If the front, side, or rear lot line of a lot ADJOINS OR IS DIRECTLY 
ACROSS A STREET OR ALLEY FROM A PERMANENT OPEN SPACE THAT IS AT 
LEAST 1 ACRE AND AT LEAST 200 FEET DEEP PERPENDICULAR TO THE LOT 
LINE, THE FLOOR AREA RATIO MAY BE INCREASED BY UP TO 15%. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.0-2c. 

In subsection (a) of this section, the reference to a "district" 
has been corrected to "subdistrict", since it is the subdistrict 
level at which bulk regulations are determined. 



1 


defined terms: 






Accessory structure 


§1-102 


Lot line 


§1-156 


Adjoining 


§1-104 


May 


c/ §1-211 


Alley 


§1-108 


Permanent open space 


§1-173 


Floor area for FAR 


cf. §1-302 


Principal structure 


§1-177 


Floor area ratio 


§1-145 


Street 


§1-190 


Lot 


§1-154 


Structure 


§1-193 


Lot area 


§1-155 







§ 6-109. performance standards. 

activities involving the production, processing, cleaning, servicing, 
testing, or repair of materials, goods, or products must conform to 
the performance standards set forth in title 12 {"performance 
Standards"} of this article. 



983 



Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 

This section is new language that combines without 
substantive change the identical provisions of Article 30, 
§§6.1-la5, 6.2-la4, 6.3-la2, 6.4-la3, and 6.5-la2. 

Defined terms: 

Must c/ §1-211 



Subtitle 2. B-1 Neighborhood Business District 
Part I. Overview 
6-201. Design. 

(A) In GENERAL 

The B-1 Neighborhood Business District is designed for the 
shopping convenience of persons who reside in nearby areas. 

(B) Uses. 

Uses permitted are those necessary to satisfy daily basic 

SHOPPING needs. 

(c) Floor area restrictions. 

The maximum gross floor area of business establishments in a 
B-1 District is restricted in order to limit vehicular and 

PEDESTRIAN TRAFFIC VOLUMES IN THE VICINITY TO A LEVEL CONSISTENT 
WITH THE DISTRICT'S FUNCTION AND LOCATION. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1" paragraph of Article 30, §6.1. 



984 



1 998- 1 999 Session Ord. 99-547 



Defined terms: 

Business establishment §1-122 Use §1-196 

Gross floor area cf. §1-304 



§6-202. SUBDISTRICTS. 

The B-1 District is divided into 3 subdistricts for purposes of bulk 

REGULATIONS, AS SET FORTH IN PART III OF THIS SUBTITLE. 

Revisor's Note 

This section is new language derived without substantive 
change from the T^ paragraph of Article 30, §6. 1 . 

§ 6-203. {Reserved} 

§ 6-204. {Reserved} 

Part 11. Use Regulations 

§6-205. General REQUIREMENTS. 

(A) In GENERAL. 

In addition to the requirements in Subttiue 1 {"Overview; 
General Requirements" } of this title, uses in a B-1 District are 

SUBJECT to the FOLLOWING REQUIREMENTS. 

(b) Business establishments — retail character. 

business establishments must be retail or service 
establishments that deal directly with consumers. goods 
produced on the premises must be sold at retail on the premises 
where produced. 

(c) Business estabushments — gross floor area. 

(1) In GENERAL. 



985 



Ord. 99-547 1 998- 1 999 SESSION 

Except as specified in this subsection, business 
establishments are restricted to a maximum gross floor 
area of 2,000 square feet each. 

(2) Food STORES. 

Food stores are restricted to a maximum gross floor area 
OF 1 5,000 square feet each, exclusive of floor area devoted 
to off-street parking and loading facdlities. 

(3) Restaurants. 

Restaurants are restricted to a maximum gross floor area 
of 4,000 square feet each, exclusive of off-street parking 
and loading fadlities. 

(D) Uses to be enclosed; exceptions. 

(1) In GENERAL. 

Except as specified in paragraph (2) of this subsection, 
business, servicing, processing, and storage uses must be 
located within enclosed structures. 

(2) Exceptions. 

This subsection does not apply to off-street parking and 

LOADING. 

(E) Drive-ins prohibfted; exceptions. 

Drive-in establishments are prohibited, except for banks and 
savings and loan associations. 

(F) Truck parking as accessory use only. 

The PARKING OF trucks IS allowed AS AN ACCESSORY USE ONLY. 

Revisor's Note 

This section is new language derived without substantive 
change from Ajticle 30, §6.1-lal through la4 and la6. 

986 



1998-1999 Session 



Ord. 99-547 



The Review Committee notes that the reference in 
subsection (e) to "banks and savings and loan associations" 
might be narrower than intended. Technically, for example, 
neither term covers credit unions and, arguably, might not 
cover the type of banking institution known as a "trust 
company". 



Defined terms: 




Accessory use 


§1-102 


Must 


Business establishment 


§1-122 


Premises 


Drive-in establishment 


§1-135 


Structure 


Enclosed structure 


§1-139 


Use 


Gross floor area 


cf. §1-304 





c/ §1-211 
§1-176 
§1-193 
§1-196 



6-206. Permitted USES. 

In A B-1 District, PERMmED uses are as follows: 

( 1 ) Art and school supply stores. 

(2) Art NEEDLEWORK shops. 

(3) Athletic FIELDS. 

(4) Automatic TELLER MACHINES. 

(5) Banks and savings and loan associations. 

(6) Barbershops. 

(7) Beauty shops. 

(8) Book STORES: GENERAL. 

(9) Candy AND ICE CREAM STORES. 

(10) Clothes PRESSING ESTABLISHMENTS. 

(11) Clothing SHOPS. 

(12) Day CARE FACILmES, AS FOLLOWS: 



987 



Ord. 99-547 1 998- 1 999 Session 

(i) fi\mily day care homes. 

(fl) Day nurseres and nursery schools. 

(n) Family DAY CARE HOMES. 

(ra) School-age CHILD CARE CENTERS. 

( 1 3) Drug stores and pharmacies. 

(14) Dry cleaning and laundry receiving stations — processing 

DONE elsewhere. 

(15) Dwellings. 

(16) Electrical and household appliance repair stores. 

(17) Florist SHOPS. 

(18) Food stores, grocery stores, meat markets, bakeries, and 
delicatessens. 

(19) Foster homes for children. 

(20) Gift AND CARD SHOPS. 

(21) Hardware STORES. 

(22) Launderettes — no more than 2 employees plus 1 owner or 
manager on the premises. 

(23) Laundries: hand — no more than 2 employees plus 1 owner 
or manager on the premises. 

(24) Libraries AND ART GALLERIES. 

(25) Multi-purpose neighborhood centers. 

(26) Newsstands. 



I 



988 



1 998- 1 999 Session Ord. 99-547 

(27) Ofhces: business, governmental, and professional — but 

NOT including SALES AND BULK STORAGE OF MERCHANDISE ON THE 

premises. 

(28) Parks and playgrounds. 

(29) Radio and television antennas and towers that extend no 
more than 25 feet above the building on which they are 
mounted — but not including microwave antennas 
(satellite dishes). 

(30) Radio and television sales and service. 

(3 1 ) Recreation buildings and community centers. 

(32) Schools: elementary and secondary. 

(33) Shoe and hat repair STORES. 

(34) SHOESHINE PARLORS. 

(35) Tailor or dressmaking shops: custom work or repairs. 

(36) Telephone exchanges. 

(37) Tobacco shops. 

(38) Travel bureaus — no more than 2 employees plus 1 owner 
or manager on the premises. 

(39) Variety STORES. 

Revisor's Note 

This section is new language derived without substantive 
change from items 1 through 31, 33, 34, and 36 through 39 
of Article 30, §6.1 -lb. 

In item (11) of this section, "clothing" is substituted for 
"wearing apparel" for clarity. 

In item (12) of this section, the former reference to "group 
day care centers" is deleted as unnecessary, since they are 

989 



Ord. 99-547 1 998- 1 999 SESSION 



encompassed within "day nurseries", as defined. Also, to 
conform to the similar listing in §4-201 for R-1 Districts, a 
reference to "school-age child care centers" is added and, as 
with the listing here for "day nurseries and nursery schools", 
the time and place limitations applicable to R-1 Districts are 
omitted. 

In item (29) of this section, "no more than 25 feet" is 
substituted for "less than 25 feet" to correct the gap that 
otherwise exists between this provision and §6-208(13) 
(former §6.1-lcl), which requires conditional use approval 
only if the antenna extends "more than 25 feet". 

In item (28) of the section, the phrase "plus 1 owner or 
manager on the premises" is added for clarity and 
consistency (c/., e.g., items (22) and (23)). Presumably, by 
setting a limit in terms of the number of "employees", this 
was not intended to preclude an owner from also being on 
the premises. 

The specific listing for "signs, as regulated by" is deleted as 
unnecessary, given the provisions of §3-309 {"Signs} and 
Title II {"Sign Regulations"} itself 

The Review Committee notes that the reference in item (5) 
to "banks and savings and loan associations" might be 
narrower than intended. Technically, for example, neither 
term covers credit unions and, arguably, might not cover the 
type of banking institution known as a "trust company". 



Defined terms: 






Automatic teller machine 


§1-113 


Dwelling 


§1-136 


Book store: general 


§1-119 


Multi-purpose . . . centers § 1 - 1 63 


Building 


§1-121 


Nursery school 


§1-168 


Day care home: family 


§1-131 


Premises 


§1-176 


Day nursery 


§1-132 


Use 


§1-196 



§ 6-207. Accessory uses. 

In A B- 1 District, accessory uses and structures include the 
following: 

( 1 ) Accessory microwave antennas (satellite dishes), as 

FOLLOWS: 



990 



I 



1 998- 1 999 Session Ord. 99-547 



(I) A MOUNTED SATELLITE DISH THAT: 

(A) IS ATTACHED TO THE REAR HALF OF THE ROOF OF 
THE PRINCIPAL BUILDING AT LEAST 5 FEET BEYOND 
THE CENTER LINE OF THE ROOF; AND 

(B) HAS THE FOLLOWING DIMENSIONS: 

1 . IF CONSTRUCTED OF SOLID MATERIAL, IT: 

A. IS 4 FEET OR LESS IN 
DIAMETER; AND 

B . PROJECTS 6 FEET OR LESS 
FROM THE BUE.DING ON 
WHICH IT IS MOUNTED; AND 

2. IF CONSTRUCTED OF EXPANDED 
ALUMINUM MESH OR WIRE SCREEN, IT: 

A. IS 6 FEET OR LESS IN 
DIAMETER; AND 

B . PROJECTS 8 FEET OR LESS 
FROM THE BUILDING ON 
WHICH IT IS MOUNTED. 

(n) A FREE-STANDING SATELLITE DISH THAT IS: 

(A) MOUNTED ON A SINGLE STANCHION; 

(B) 6 FEET OR LESS IN DIAMETER; 

(C) LESS THAN 10 FEET HIGH; AND 

(D) CONSTRUCTED OF EXPANDED ALUMINUM MESH OR 
WIRE SCREEN. 

(ffl) Any accessory satellite dish not exceeding 12 feet 

IN DIAMETER THAT IS LOCATED: 



991 



Ord. 99-547 1 998- 1 999 Session 

(a) on the premises of a tavern, regardless of 
lot size; or 

(b) on the premises one of the following uses, if 
the use is on lot of at least 7,500 square 

FEET: 

1 . CONVALESCENT, NURSING, OR REST 
HOMES. 

2. Educational AND CULTURAL 
institutions: nonprofit or publicly 
owned, as specified en § 4-201(4) of 
this article. 

3 . Hotel and motels . 

3 . housing for the elderly. 

4. Medical FACiLrnES: nonprofit or 
publicly owned. 

5. Religious institutions, as specified in 
§ 5-201(7) OF THIS article. 

6. VFW AND AMERICAN LEGION POSTS. 

(2) AMUSEMENT DEVICES, AS FOLLOWS: 

(I) No MORE THAN 5 AMUSEMENT DEVICES WHEN USED IN 
COMBINATION WITH ONE OF THE FOLLOWING: 

(A) Billiard or pool room. 

(B) Bowling ALLEY. 

(C) Bus, TRAIN, OR BOAT TERMINAL. 

(D) Hotel OR MOTEL. 

(E) Marina. 



992 



1 998- 1 999 Session Ord. 99-547 

(F) Miniature GOLF. 

(G) Racetrack. 

(H) Restaurant with alcoholic beverage 

LICENSE. 

(I) Skating rink. 

(J) Social, fraternal, or veteran' s club. 

(K) Swimming POOL. 

(L) Tavern. 

(M) Tennis or racquet club: Indoor. 

(n) No MORE THAN 5 AMUSEMENT DEVICES WHEN USED IN 
combination WITH OTHER USES THAT THE BOARD FINDS, 
AFTER A PUBLIC HEARING, TO BE ENTERTAINMENT, LEISURE, 
OR RECREATION ORIENTED. 

(m) Amusement devices when used in combination with 

USES THAT ARE NOT ENTERTAINMENT, LEISURE, OR 
RECREATION ORIENTED, SUBJECT TO: 

(A) THE REQUIRED LOCATION PERMIT HAVING BEEN 
OBTAINED UNDER ARTICLE 1 5 OF THE CiTY CODE; 
AND 

(B) THE FOLLOWING LIMITS BASED ON THE FLOOR 
AREA OF THE LOCATION'S INTERIOR SPACE 
DEVOTED TO THE PRINCIPAL USE: 

1 . NO MORE THAN 1 DEVICE IF THE NET 
FLOOR AREA IS 600 SQUARE FEET OR 
LESS; AND 

2. NO MORE THAN 2 DEVICES IF THE NET 
FLOOR AREA EXCEEDS 600 SQUARE FEET. 

(3) ANIMAL FACILmES, AS FOLLOWS: 

993 



Ord. 99-547 1 998- 1 999 SESSION 



(I) Dog or cat kennels : private, operated and 

maintained in conformance with the health code of 
Baltimore City. 



I 



(II) FaCELITIES that house pets and WELD ANIMALS, AS 

permitted under the health code of baltimore 
City. 

(4) Temporary real estate sales ofhces, for the purpose of 
conducting the sale of lots or improvements in the 
development in which the office is located — but only for a 
period not to exceed the duration of active construction 
and for 1 year following. 

(5) Temporary storage of building materials and equipment 
and temporary structures for on-site construction 
purposes — but only for a period not to exceed the duration 
of active construction. 

Revisor's Note 

This section is new language derived without substantive 
change from items (32), (35), and (39a) through (44) of 
Article 30, §6.1 -lb. AJthough these items were listed 
among permitted uses, they are really — as seen from other, 
similar listings (e.g., §§4-202 and 5-202) — in the nature of 
accessory uses. Accordingly, they have been broken out and 
placed in their own section, for clarity and consistency. 

In item (l)(iii)(B) of this section, the defined term 
"convalescent, nursing, or rest homes" is substituted for 
"nursing homes" for clarity and consistency. 

In item (2)(i)(E) of this section, the former reference to a 
"boat yard" (an undefined term that is not otherwise used in 
this article), is deleted as obsolete and, in light of the 
reference to a "marina", as broadly defined in §1-157, 
unnecessary. 



Defined terms: 




Accessory use or structure § 1 - 1 02 


Building 


Amusement device § 1 - 1 1 


City Code 


Board §1-118 


Convalescent 



home 



§1-121 
§1-125 
§1-129 



994 



t 



Dog or cat kennel: private 
Housing for elderly 
Includes; including 
Lot 
Marina 



1 998- 1 999 Session Ord. 99-547 



§1-134 Nonprofit §1-167 

§1-151 Premises §1-176 

§ 1 - 1 52 Principal use or structure § 1 - 1 77 

§1-154 Structure §1-193 

§1-157 Use §1-196 



§ 6-208 Conditional use — Board approval required. 

In A B-1 District, conditional uses that require Board approval are 
as follows: 

( 1 ) Accessory microwave antennas (satellite dishes), as 

FOLLOWS: 

(I) A mounted satellite dish that: 

(A) is attached to the front half of the roof of 

THE principal BUILDING OR TO THE REAR HALF OF 
THE ROOF LESS THAN 5 FEET BEYOND THE CENTER 
LINE; AND 

(B) HAS THE FOLLOWING DIMENSIONS: 

1 . IF CONSTRUCTED OF SOLID MATERIAL, IT: 

A. IS OVER 4 FEET IN 
DIAMETER; OR 

B . PROJECTS MORE THAN 6 
FEET FROM THE BUILDING 
ON WHICH IT IS MOUNTED; 
AND 

2. IF CONSTRUCTED OF EXPANDED 
ALUMINUM MESH OR WIRE SCREEN, IT: 

A. IS OVER 6 FEET IN 
DIAMETER; OR 



995 



Ord. 99-547 1 998- 1 999 SESSION 

B . PROJECTS MORE THAN 8 
FEET FROM THE BULDING 
ON WHICH IT IS MOUNTED. 

(II) A FREE-STANDING SATELLITE DISH THAT IS: 

(A) MORE THAN 6 FEET IN DIAMETER; 

(B) MORE THAN 1 FEET HIGH; OR 

(c) not constructed of expanded aluminum 
mesh or were screen. 

(2) Clubs and lodges: private nonprofit. 

(3) Governmental services, as follows: 

(I) Fire and police stations. 

(U) POSTOFHCES. 

(in) Sewerage pumping STATIONS. 

(IV) Water filtration plants, reservoirs, and pumping 
stations. 

(4) Helistops. 

(5) music^al instruments: s.\le and repi\ b^ 
(6>-(5) Marinas: ACCESSORY. 

f7) (6) Marinas: recreational. 

(^ (7) Marinas: recreational boat launch/tee up. 

(8) Musical instruments: sale and repair. 

(9) Opticians: sales and service, subject to the condition that: 

(I) NO more than 4 professionals (optometrists or 
ophthalmologists) operate from the location; and 

996 



1 998- 1 999 Session Ord. 99-547 



(n) the location has no more than 1 ,000 square feet of 
floor area. 

(10) Orthopedic and medical appliance stores — no more than 4 
employees plus 1 owner or manager on the premises. 

(11) Poultry- and rabbit-killing establishments. 

(12) Public utility uses, as follows: 

(I) Antenna towers, microwave relay towers, and 
similar installations for communications 
transmission or receiving 

(n) Bus AND transit turnarounds and PASSENGER 

shelters. 

(ffl) Railroad rights-of-way and passenger stations — 
but not including railroad yards and shops. 

(IV) Repeater, transformer, pumping, booster, switching, 
conditioning, and regulating stations, and similar 
installations. 

(13) Radio and television antennas that are free-standing or 
that extend more than 25 feet above the building on which 
they are mounted — but not including microwave antennas 
(satellite dishes). 

(14) Recycling collection stations. 

(44) £15) Restaurants and lunch rooms — but not including live 
entertainment or dancing. 

(15) Pjcycli>jg collection stations. 

(16) Travel trailers, recreational vehicles, and similar 
camping equipment: parking or storage. 

(17) Video movies: sales and rentals. 

( 1 8) Uses accessory to a conditional use listed above. 

997 



Ord. 99-547 1 998- 1 999 SESSION 



Revisor's Note 



This section is new language derived without substantive 
change from Article 30, §§6.1-lc and 11.0-5al6. 

In item (9) of this section, "and service" is added for clarity. 

In item (10) of the section, the phrase "plus 1 owner or 
manager" is added for clarity and consistency. Presumably, 
by setting a limit in terms of the number of "employees", 
this was not intended to preclude an owner from also being 
on the premises. 

In item (16) of this section, "recreational vehicles" is added 
to clarify the reference to "similar camping equipment". 



Defined terms: 






Accessory use 


§1-102 


Nonprofit 


§1-167 


Board 


§1-118 


Premises 


§1-176 


Building 


§1-121 


Principal structure 


§1-177 


Club or lodge: private 


§1-127 


Recycling collection station 


§1-182 


Helistop 


§1-149 


Travel trailer 


§1-195 


Marina 


§1-157 


Use 


§1-196 



§ 6-209. Conditional uses — ordinance required. 

In A B-1 District, conditional uses that require approval by 
ordinance are as follows: 

( 1 ) Community correction centers. 

(2) Housing for the elderly. 

(3) Parking, open off-street areas and off-street garages, 

OTHER than accessory, FOR THE PARKING OF 4 OR MORE 
AUTOMOBILES. 

(4) Parole AND PROBATION FIELD OFHCES. 

(5) Planned unit developments: business. 

(6) Substance abuse treatment centers. 



998 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 



This section is new language derived without substantive 
change from Article 30, §6.1 -Id. 

Defined terms: 

Accessory use § 1 - 1 02 Parole . . . field office § 1 - 1 69 

Automobile §1-114 Substance abuse ... center §1-194 

Community correction center §1-128 Use §1-196 

Housing for elderly § 1 - 1 5 1 



§ 6-210. {Reserved} 

Part III. B ulk Regulations 
§6-211. Lot AREA. 

(a) In general 

For each dwelling, efhciency, or rooming unit located in a B-l 
District, the minimum lot area is as specified in this section. 

(B) B-I-I District. 

(1) General 

Except as specified in paragraph (2) of this subsection, the 
minimum lot area in a B- 1-1 District is: 

(I) 2,500 square feet per rooming unit. 

(n) 3,350 square FEET PER EFRCIENCY UNIT. 

(m) 5,000 SQUARE FEET PER other DWELLING UNIT. 

(2) Housing FOR elderly. 

The minimum lot area for housing for the elderly in a B-1-1 
District is: 



999 



Ord. 99-547 1 998- 1 999 SESSION 

(I) 1 ,500 SQUARE FEET PER EFHCIENCY UNIT. 

(n) 2,300 SQUARE FEET PER OTHER DWELLING UNIT. 

(c) B- 1-2 District. 

(1) General 

Except as specified in paragraph (2) of this subsection, the 
minimum lot area in a b- 1-2 district is: 

(i) 550 square feet per rooming unit. 

(n) 750 square feet per efhceency unit. 

(m) 1 , 1 00 square feet per other dwelling unit. 

(2) Housing FOR ELDERLY. 

The MINIMUM LOT AREA FOR HOUSING FOR THE ELDERLY IN A B- 1-2 

District IS: 

(I) 245 SQUARE FEET PER EFHCIENCY UNIT. 

(n) 370 SQUARE FEET PER OTHER DWELLING UNIT. 

(D) B- 1-3 District. 

(1) General 

Except as specified in paragraph (2) of this subsection, the 
minimum lot area bsf a b-1-3 district is: 

(i) 275 square feet per rooming unit. 

(n) 375 square feet per efficiency unit. 

(m) 550 square feet per other dwelling unit. 



1000 



1 998- 1 999 Session Ord. 99-547 

(2) Housing for elderly. 

The minimum lot area for housing for the elderly in a B- 1 -3 
District IS: 

(I) 1 35 SQUARE FEET PER EFHCIENCY UNIT. 

(n) 200 SQUARE FEET PER OTHER DWELLING UNIT. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.1 -2a. 

Defined terms: 

Dwelling §1-136 Lot §1-154 

Dwelling unit §1-137 Lot area §1-155 

Efficiency unit §1-138 Rooming unit §1-186 

Housing for elderly §1-151 Yard §1-198 

§ 6-212. Yards. 

(A) In GENERAL. 

The minimum yard requirements in a B-1 District are as specified 

IN THIS section. 

(B) Front 

( 1 ) In A B- 1 - 1 District — at least 20 feet deep. 

(2) In A B- 1 -2 and B- 1 -3 District — none required. 

(c) Interior SIDE. 

None required. However, where an interior side yard is 
provided, it must be at least 1 feet deep unless a greater depth 

IS required under § 6- 1 07(C) of THIS TITLE. 



1001 



Ord. 99-547 1 998- 1 999 Session 

(D) Street CORNER SIDE. 

( 1 ) In A B- 1 - 1 District — at least 1 5 feet deep. 

(2) In A B- 1 -2 AND B- 1 -3 District — none required, 
(e) Rear. 

At least 30 FEET DEEP. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.1-2bl through 2b4. 

Defined terms: 

Must c/ §1-211 Yard §1-198 

§ 6-213. Floor area ratio. 

(a) In general 

The maximum floor area ratios in a B- 1 District are as specified 
IN this section. 

(B) B-J-J District. 

(1) General 

Except as specified in paragraph (2) of this subsection, the 
floor area ratio in a b-1 -1 district may not exceed 0.8. 

(2) Housing FOR ELDERLY. 

The FLOOR area ratio for housing for the elderly in a B-1-1 
District may not exceed 1 .0. 



1002 



I 



1 998- 1 999 Session Ord. 99-547 



(3) Height uMiTATiONS. 

In any event, no structure in a B- 1-1 District may be higher 
than 40 feet. 

(c) B- 1 -2 District. 

(1) General 

Except as specified in paragraph (2) of this subsection, the 
floor area ratio in a b- 1-2 district may not exceed 2.5. 

(2) Housing FOR ELDERLY. 

The floor area ratio for housing for the elderly in a B- 1-2 
District may not exceed 3.0. 

(D) B- 1-3 District. 

(1) General 

Except as specified in paragraph (2) of this subsection, the 
floor area ratio in a b- 1-3 district may not exceed 5.0. 

(2) Housing FOR ELDERLY. 

The floor area ratio for housing for the elderly in a B- 1-3 
District may not exceed 5.5. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.1 -2c. 

Defined terms: 

Floor area for FAR c/ §1-302 May not c/ §1-211 

Floor area ratio §1-145 No ... may c/ §1-211 

Housing for elderly §1-151 Structure §1-193 



1003 



Ord. 99-547 1 998- 1 999 SESSION 

Subtitle 3. B-2 Community Business District 
Part I. Overview 
§ 6-301. Design. 

(a) In general 

The B-2 Community Business District is designed to 
accommodate the needs of a larger consumer population than 
is served by a neighborhood business district. 

(B) Uses. 

Accordingly, a wider range of uses is permitted for both daily 
and occasional shopping. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1" paragraph of Article 30, §6.2. 

Defined terms: 

Use §1-196 



§ 6-302. SUBDISTRICTS. 

The B-2 District is divided into 4 subdistricts for purposes of bulk 

REGULATIONS, AS SET FORTH IN PART III OF THIS SUBTITLE. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"** paragraph of Article 30, §6.2. 

§ 6-303. {Reserved} 

§ 6-304. {Reserved} 



1004 



1 998- 1 999 Session Ord. 99-547 

Part 11. Use Regulations 
§ 6-305. General requirements. 

(A) In GENERAL. 

In addition to the requirements in Subtitle 1 {"Overview; 
General Requirements" } of this title, uses in a B-2 District are 
subject to the following requirements. 

(B) Business establishments — retail character. 

Business establishments must be primarily retail or service 
establishments that deal directly with consumers. goods 
produced on the premises must be sold at retail on the premises 
where produced. 

(c) Uses to be enclosed; exceptions. 

( 1 ) Except as specified in paragraph (2) of this subsection, 

BUSINESS, servicing, PROCESSING, AND STORAGE USES MUST BE 

located within enclosed structures. 

(2) This subsection does not apply to: 

(I) off-street PARKING AND LOADING; AND 

(n) outdoor table service that is accessory to a 
restaurant use and has been approved by the 
Board. 

(D) Truck parking as accessory use only. 

The parking of trucks is allowed as an accessory use only. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.2-1 al, la2, and la5. 



1005 



Ord. 99-547 1 998- 1 999 Session 



Defined terms: 

Accessory use §1-102 Must c/ §1-211 

Board §1-118 Premises §1-176 

Business establishment §1-122 Structure §1-193 

Enclosed structure §1-139 Use §1-196 



§ 6-306. Permitted uses. 

In a B-2 District, permitted uses are as follows: 

( 1 ) As in A B- 1 District, except that: 

(I) THE GROSS FLOOR AREA LIMITATIONS OF A B- 1 DISTRICT DO 
NOT APPLY; AND 

(n) DRIVE-IN ESTABLISHMENTS ARE NOT EXCLUDED. 

(2) Antique SHOPS. 

(3) Apartment HOTELS. 

(4) Auction ROOMS. 

(5) Automotive accessory stores — but not including repair or 
installation services. 

(6) Bicycles: sales, rental, and repair. 

(7) Blood DONOR centers. 

(8) Blueprinting and photostating establishments. 

(9) Bowling establishments. 

(10) Bus and transit turnarounds and passenger shelters. 

(11) Business and ofhce machines: sales, rental, and service. 

( 1 2) Camera and photographic supply stores. 



1006 



1998-1999 Session 



Ord. 99-547 



13) Carpet AND RUG STORES. 

14) Carry-out food shops. 

15) Catering ESTABUSHMENTS: FOOD. 

16) Check CASHING AGENCIES. 

17) China AND GLASSWARE STORES. 

1 8) Clinics : medical and dental. 

19) Clothing and costume rental stores. 

20) Clubs and lodges: private nonprofit. 

21) Coin and PHILATELIC STORES. 

22) Communications systems: sales and services. 

23) Data processi>jg services Computer centers . 

24) Department stores. 

25) Display rooms for mail order sales. 

26) Dry cleaning establishments — no more than 4 employees 
plus 1 owner or manager on the premises. 

27) Electrical and household appliance stores. 

28) Employment agencies. 

29) Exhibit rooms. 

30) Exterminators' shops. 

31) Fabric SHOPS. 

32) Financial INSTITUTIONS. 

33) Fraternity and sorority houses: off-campus. 

1007 



Ord. 99-547 1 998- 1 999 SESSION 

(34) Furniture stores — including upholstering when 
conducted as an accessory use. 

(35) Furrier shops — including accessory storage and 
conditioning of furs. 

(36) Garden supply, tool, and seed stores. 

(37) Hobby SHOPS. 

(38) Hotels AND MOTELS. 

(39) Interior decorating shops — including upholstering and 
making draperies, slip covers, and similar articles when 
conducted as an accessory use. 

(40) Jewelry stores — including watch repair. 

(4 1 ) Laboratories: medical and dental. 

(42) Launderettes — no more than 4 employees plus 1 owner or 
manager on the premises. 

(43) Laundries — no more than 4 employees plus 1 owner or 
manager on the premises. 

(44) Leather goods and luggage stores. 

(45) Liquor STORES: PACKAGE GOODS. 

(46) Locksmith SHOPS. 

(47) Massage therapists' OFHCES. 

(48) Millinery shops. 

(49) Museums, aquariums, and planetariums. 

(50) Musical instruments: sales and repair. 

(5 1 ) Newspaper distribution agencies: for home delivery and 
retail trade. 

1008 



1 998- 1 999 Session Ord. 99-547 

(52) Novelty SHOPS. 

(53) Ofhce supply stores. 

(54) Ofhces: business, governmental, and professional. 

(55) Opticians: sales and service. 

(56) Orthopedic and medical appliance stores. 

(57) Paint, wallpaper, tele, and floor covering stores. 

(58) Parking, off-street garages, other than accessory, for the 
parking of 4 or more motor vehicles. 

(59) Pet SHOPS. 

(60) Philanthropic and charitable instttutions. 

(61) Photocopying service. 

(62) Photographers. 

(63) Physical culture and health services: gymnasiums, 
reducing salons, and public baths. 

(64) Picture framing shops — when conducted for retail trade 

ON THE premises. 

(65) Postofhces. 

(66) Printing establishments — no more than 10 employees plus 1 

OWNER or manager ON THE PREMISES. 

(67) Radio and television stations and studios. 

(68) Record, tape, CD, and sheet music stores. 

(69) Recording studios. 

(70) Religious institutions, as follows: 



1009 



Ord. 99-547 1 998- 1 999 Session 

(I) Churches, temples, and synagogues. 

(II) Convents, seminaries, and monasteries. 

(71) Restaurants and lunch rooms — but not including live 
entertainment or dancing. 

(72) Rooming houses. 

(73) Schools: business colleges, community colleges, colleges, 

AND universities. 

(74) Second-hand stores and rummage shops. 

(75) Secretarial and telephone answering services. 

(76) Security sales, brokerages, and exchanges. 

(77) Sewing machines: sales and service — household appliances 

ONLY. 

(78) Skating rinks. 

(79) Sporting and athletic goods stores. 

(80) Stationery stores. 

(81) Swimming POOLS. 

(82) Taverns — but not including live entertainment or 

DANCING. 

(83) Taxidermist SHOPS. 

(84) Telegraph OFFICES. 

(85) Tennis and lacrosse clubs. 

(86) Ticket AGENCIES. 

(87) Toy stores. 



1010 



1 998- 1 999 Session Ord. 99-547 

(88) Trading stamp redemption centers. 

(89) Travel bureaus. 

(90) Undertaking establishments and funeral parlors. 

(9 1 ) Vending machines for retail sale of ice or mdlk. 

(92) Venetian blinds and window shades: sales and service. 

(93) Video movies: sales and rentals. 

(94) Watch and clock shops. 

(95) Wig shops. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.2- lb (as amended by Ordinance 
98-252). 

In item (l)(i) of this section, "gross floor area", the term 
used in §6-205 for the B-1 District, is substituted for "floor 
area" for clarity and consistency. 

Item (l)(ii) is new language added for clarity, reflecting the 
repeal by Ordinance 79-1224 of then §6.2- la3 (prohibiting 
drive-in establishments) and the enactment of the first of a 
series of authorized drive-in establishments. See §6-309(5), 
(6), (11), and (12). 

In item (23) of this section, "computer centers" (formerly 
permitted beginning only with the B-3 District) is 
substituted for "data processing services". Whatever 
"computer centers" were 25 years ago (when huge main- 
frames reigned), the distinction between them and other data 
processing services has long become obsolete. 

In item (55) of this section, "and service" is added for 
clarity. 

In item (68) of this section, "tape[s}" and "CD[s]" are added 
for clarity; "phonograph records" are fast becoming products 
for second-hand dealers, if not antique dealers. 

1011 



Ord. 99-547 



1998-1999 Session 



In item (72) of this section, the phrase "for three or more 
roomers" is deleted as redundant. By definition, a rooming 
house is "for the accommodation of 3 or more individuals". 

In item (73) of this section, "community colleges" is 
substituted for the obsolete (in this State, at least) "junior 
colleges". 

The former listings for "day nurseries..." and "elementary 
and secondary" schools are deleted as unnecessary. These 
are permitted B-1 uses and, therefore, covered by item (1) of 
this section. 



I 



Defined terms: 








Accessory use 


§1-102 


Massage therapist's office 


§1-159 


Apartment hotel 


§1-111 


Motor vehicle 




§1-162 


Book store: general 


§1-119 


Nonprofit 




§1-167 


Club or lodge: private 


§1-127 


Premises 




§1-176 


Drive-in establishment 


§1-135 


Rooming house 




§1-185 


Gross floor area 


c/. §1-304 


Use 




§1-196 


Includes; including 


§1-152 









§6-307. Accessory USES. 

In a B-2 District accessory uses and structures are the same as 
THOSE IN A B-1 District, except that the gross floor area limitations 
OF A B- 1 District do not apply in a B-2 District. 

Revisor's Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, §6.2- lb, 
to the extent that it mcorporates by reference the accessory 
uses formerly listed in §6.1-l(b). See Revisor's Note to §6- 
207. 

"Gross floor area", the term used in §6-205 for the B-1 
Distnct, is substituted for "floor area" for clarity and 
consistency. 





Defined terms: 




Accessory use 


§1-102 


Structure 


Gross floor area 


cf §1-304 


Use 



§1-193 
§1-196 



1012 



L 



1 998- 1 999 Session Ord. 99-547 



§ 6-308. Conditional use — Board approval required. 

In a B-2 District, conditional uses that require Board approval are 

AS FOLLOWS: 

( 1 ) As IN A B-1 District (unless ms a permitted use under § 6- 
306). 

(2) Amusement arcades located within a shopping center of 

over 20,000 SQUARE FEET OR A COMMERCIAL RECREATION CENTER 
OF OVER 20,000 SQUARE FEET — SUBJECT TO THE BOARD'S 
SUSPENSION OF THE CONDITIONAL USE FOR NOT LESS THAN 30 DAYS 
NOR MORE THAN 90 DAYS IF AN OWNER, OPERATOR, OR EMPLOYEE 
OF THE ARCADE IS CONVICTED OF VIOLATING CiTY CODE ARTICLE 

19, § 95 {"Parental RESPONSIBILITY — Curfew: Unlawful 
conduct of owners or operators of establishments" } . 

(3) Animal hospitals that are odor-proofed and sound-proofed. 

(4) Artisans' and craft work — subject to the following 

CONDITIONS: 

(I) no more than 2 employees plus 1 OWNER OR MANAGER 
ON THE PREMISES; 

(n) WORK IS LIMITED TO ITEMS PRODUCED ONE AT A TIME, WITH 
NO MACHINE ON THE SITE TO FACLITATE MASS 
PRODUCTION; AND 

(m) ITEMS ARE PRODUCED PRIMARILY FOR SALE ON THE 

premises. 

(5) Automobile accessory stores — including related repair 
and installation services. 

(6) Bed and breakfast establishments. 

(7) Bed AND BREAKFAST HOMES. 

(8) Bingo hallStI CHARITABLE. 



1013 



Ord. 99-547 



1998-1999 Session 



9) bus and transit passenger stations and terminals. 

10) Clubs and lodges: private. 

1 1 ) Firearm sales — when in a business establishment permitted 
IN A Business District. 

12) Garages, other than accessory, for storage, repair, and 

servicing of motor vehicles not over 1 Vi TONS CAPACITY — 
but not including body REPAIR, PAINTING, OR ENGINE 

rebulding. 

1 3) Gasoline service stations. 

14) Massage salons. 

15) Outdoor table service when accessory to a restaurant 

USE. 

16) Pool halls and billiard PARLORS. 

1 7) Prepared food delivery services — including any operated 

AS AN accessory USE BY A RESTAURANT. 

1 8) Public utility service centers. 

19) Schools: commercial. 

20) Schools: trade — other than industrial. 

21 ) Schools and studio: business, dance, and music. 

22) Theaters. 

23) Union Halls. 

24) Upholstering shops. 



1014 



1998-1999 Session 



Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §§6.2-lc and the 2""* sentence of 
13.0-2-5b. 

In item (4) of the section, the phrase "plus 1 owner or 
manager on the premises" is added for clarity and 
consistency. Presumably, by setting a limit in terms of the 
number of "employees", this was not intended to preclude 
an owner from also being on the premises. 



Defined terms: 






Accessory use or structure 


§1-102 


Club or lodge: private 


§1-127 


Amusement arcade 


§1-109 


Firearm 


§1-143 


Artisans' and craft work 


§1-112 


Gasoline service station 


§1-146 


Automobile 


§1-114 


Includes; including 


§1-152 


Bed and breakfast est't 


§1-115 


Industrial trade school 


§1-153 


Bed and breakfast home 


§1-116 


Motor vehicle 


§1-162 


Board 


§1-118 


Premises 


§1-176 


Business establishment 


§1-122 


Structure 


§1-193 


City Code 


§1-125 


Use 


§1-196 



§ 6-309. Conditional uses — ordinance required. 

In a B-2 District, conditional uses that require approval by 
ordinance are as follows: 

( 1 ) AS IN A B- 1 District (unless ms a permitted use under § 6- 
306). 

(2) Auditoriums and concert halls. 

(3) Convalescent, nursing, and rest homes. 

(4) Dance HALLS. 

(5) Drug stores and pharmacies: drive-in — but not including 
the sale of alcoholic beverages or tobacco products. 

(6) Dry CLEANING ESTABLISHMENTS: DRIVE-BSf. 



1015 



Ord. 99-547 1 998- 1 999 SESSION 



(7) Homes for the rehabilitation of non-bedredden alcoholics 
and for the care and custody of homeless persons. 

(8) Hospitals. 

(9) Meeting AND BANQUET halls. 

(10) Pawnshops. 

(11) Photographic printing and developing establishments: 

DRIVE-CM. 

( 1 2) Restaurants: drive-in — but not including pick-up drives 

WITH window service. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.2- Id. 

In item (1) of this section, conforming to the pattern used for 
the other types of uses, a cross-reference is substituted for 
formerly listed items that merely duplicated those listed in 
theB-1 District. 

Defined terms: 

Convalescent . . . homes § 1 - 1 29 Pawnshop § 1 - 1 70 

Dnve-in establishment §1-135 Use §1-196 



§ 6-310. {Reserved} 
§6-311. Lot area. 

(A) In GENERAL 



Part III. Bulk Regulations 



For each dwelling, efrcdency, or rooming unit located in a B-2 
District^ the minimum lot area is as specified in this section. 



1016 



1 998- 1 999 Session Ord. 99-547 

(B) B-2-1 District. 

(1) General 

Except as specifted in paragraph (2) of this subsection, the 
minimum lot area in a b-2-1 district is: 

(i) 2,500 square feet per rooming unit. 

(n) 3,350 SQUARE feet per efhciency unit. 

(ffl) 5,000 SQUARE FEET PER OTHER DWELLING unit. 

(2) Housing for elderly. 

The minimum lot area for housing for the elderly in a B-2-1 
District IS: 

(I) 1 ,500 SQUARE FEET PER EFHCEENCY UNIT. 

(n) 2,300 SQUARE FEET PER OTHER DWELLING UNIT. 

(c) B-2-2 District. 

(1) General 

Except as specified in paragraph (2) of this subsection, the 
minimum lot area in a b-2-2 district is: 

(I) 550 SQUARE FEET PER ROOMING UNIT. 

(n) 750 SQUARE FEET PER EFHCIENCY UNIT. 

(ffl) 1,1 00 SQUARE FEET PER OTHER DWELLING UNIT. 

(2) Housing FOR ELDERLY. 

The MINIMUM LOT AREA FOR HOUSING FOR THE ELDERLY IN A B-2-2 

District IS: 



1017 



Ord. 99-547 1 998- 1 999 SESSION 

(I) 245 SQUARE FEET PER EFRCIENCY UNIT. 

(II) 370 SQUARE FEET PER OTHER DWELLING UNIT. 

(D) B-2-3 District. 

(1) General 

Except as specified in paragraph (2) of this subsection, the 
minimum lot area in a b-2-3 district is: 

(i) 275 square feet per rooming unit. 

(n) 375 square feet per efficiency unit. 

(ra) 550 square feet per other dwelling unit. 

(2) Housing FOR ELDERLY. 

The MINIMUM LOT AREA FOR HOUSING FOR THE ELDERLY IN A B-2-3 

District is: 

(I) 1 35 SQUARE feet PER EFFICIENCY UNIT. 

(n) 200 SQUARE FEET PER OTHER DWELLING UNIT. 

(E) B-2-4 District. 

(1) General 

Except as specified in paragraph (2) of this subsection, the 
minimum lot area in a b-2-4 district is: 

(i) 1 00 square feet per rooming unit. 

(ii) 1 35 square feet per efrciency unit. 

(ill) 200 square feet per other dwelling unit. 



I 



1018 



I 



1 998- 1 999 Session Ord. 99-547 

(2) Housing FOR ELDERLY. 

The minimum lot area for housing for the elderly in a B-2-4 
District IS: 

(I) 80 square feet per efrciency unit. 

(n) 1 20 square feet per other dwelling unit. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.2-2a. 

Defined terms: 

Dwelling §1-136 Lot §1-154 

Dwelling unit §1-137 Lot area §1-155 

Efficiency unit § 1 - 1 3 8 Rooming unit § 1 - 1 86 

Housing for elderly § 1 - 1 5 1 

§ 6-312. Yards. 

(A) In general 

The minimum yard requirements in a B-2 District are as specified 
in this section. 

(B) Front. 

( 1 ) In A B-2- 1 District — at least 20 feet deep. 

(2) In a B-2-2, B-2-3 and B-2-4 District — none required. 

(c) Interior SIDE. 

None required. However, where an interior side yard is 
provided, it must be at least 10 feet deep unless a greater depth 

IS REQUIRED UNDER § 6- 107(C) OF THIS TITLE. 



1019 



Ord. 99-547 1 998- 1 999 Session 

(D) Street CORNER SIDE. 

( 1 ) In A B-2- 1 District — at least 1 5 feet deep. 

(2) In a B-2-2, B-2-3 and B-2-4 District — none required. 

(E) Rear. 

( 1 ) In A B-2- 1 , B-2-2, and B-2-3 District — at least 30 feet deep. 

(2) In a B-2-4 District — none required. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.2-2bl through 2b4. 

Defined terms: 

Must c/ §1-211 Yard §1-198 

§ 6-313. Floor area ratio. 

(A) In GENERAL 

The maximum floor area ratios in a B-2 District are as specified 
in this section. 

(B) B-2-J District. 

(1) General 

Except as specified in paragraph (2) of this subsection, the 
floor area ratio in a b-2-1 district may not exceed 0.8. 

(2) Housing FOR ELDERLY. 

The FLOOR AREA RATIO FOR HOUSING FOR THE ELDERLY IN A B-2-1 

District may not exceed 1 .0. 



1020 



1 998- 1 999 Session Ord. 99-547 



(c) B-2-2 District. 

(1) General. 

Except as specified in paragraph (2) of this subsection, the 
floor area ratio in a b-2-2 district may not exceed 2.5. 

(2) Housing FOR ELDERLY. 

The floor area ratio for housing for the elderly in a B-2-2 
District may not exceed 3.0. 

(D) B-2-3 District. 

(1) General. 

Except as specified in paragraph (2) of this subsection, the 
floor area ratio in a b-2-3 district may not exceed 5.0. 

(2) Housing FOR ELDERLY. 

The floor area ratio for housing for the elderly in a B-2-3 
District may not exceed 5.5. 

(E) B-2-4 District. 

(1) General. 

Except as specified in paragraph (2) of this subsection, the 
floor area ratio in a B-2-4 District may not exceed 7.0. 

(2) Housing FOR elderly. 

The floor area ratio for housing for the elderly in a B-2-4 
District may not exceed 9.0. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.2-2c. 



021 



Ord. 


99-547 


1998-1999 Session 






Defined terms: 




Floor 
Floor 


area for FAR 
area ratio 


c/ §1-302 
§1-145 


Housing for elderly 
May not 



§1-151 
c/ §1-211 



Subtitle 4. B-S Community Commercial District 
Part I. Overview 
§6-401. Design. 

(A) In GENERAL. 

The B-3 Community Commercial District is designed primarily to 
accommodate business, service, and commercial uses of a 
highway-oreented nature. the district provides for a wide 
range of necessary services and goods that do not involve 
local shopping and are not characteristic of business shopping 

AREAS. 



(B) Uses. 



Although B-1 and B-2 District uses are permitted in a B-3 
District, the great majority of uses established in B-3 Districts 

ARE anticipated TO BE THOSE THAT ARE NOT PERMITTED IN B-1 AND B-2 

Districts. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1" paragraph of Article 30, §6.3. 

Defined terms: 

Use §1-196 



§ 6-402. SUBDISTRICTS. 

The B-3 District is divided into 3 subdistricts for purposes of bulk 
regulations, as set forth in Part III of this subtitle. 



1022 



L 



1 998- 1 999 Session Ord. 99-547 

Revisor*s Note 

This section is new language derived without substantive 
change from the 2"** paragraph of Article 30, §6.3. 

§ 6-403. {Reserved} 
§ 6-404. {Reserved} 

Part 11. Use Regulations 
§ 6-405. General requirements. 

(A) In general. 

In addition to the requirements in Subtitle 1 {"Overview; 
General Requirements" } of this title, uses in a B-3 District are 
subject to the following requirements. 

(B) Uses to be enclosed; exceptions. 

(1) In general 

Except as specified in paragraph (2) of this subsection, 

BUSINESS, servicing, AND PROCESSING USES MUST BE LOCATED 

within enclosed structures. 

(2) Exceptions. 

This subsection does not apply to: 

(I) off-street parking and LOADING; 

(n) outdoor table service that is accessory to a 
restaurant use and has been approved by the 
Board; 

(m) drive-in establishments; and 

(iv) the display of merchandise for sale to the public. 



1023 



Ord. 99-547 1 998- 1 999 SESSION 

(c) Screening of certain unenclosed uses. 

(1) When REQUIRED. 

Screening is required for any use that is not conducted 
wholly within an enclosed structure, efthe use: 

(i) either adjoins or is within 1 00 feet of a lot in a 

RESIDENCE OR OFHCE-RESEDENCE DISTRICT; AND 

(n) is visible from the ground level of the residence or 
Office-Residence District. 

(2) Type REQUIRED. 

A USE described in paragraph (1) OF THIS SUBSECTION MUST BE 
EFFECTIVELY SCREENED FROM THE RESIDENCE OR OFHCE- 
RESBDENCE lot BY: 

(I) A WALL, FENCE, OR OTHER SUBSTANTIALLY EQUIVALENT 
STRUCTURE, AT LEAST 6 FEET HIGH; OR 

(U) A TERRAIN OR LANDSCAPING FEATURE THAT FUNCTIONS AS 
AN EFFECTIVE SCREEN. 

(D) Truck parking as accessory use only. 

The parking of trucks is allowed as an accessory use only. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.3- lal, la3, and la4. 



§1-154 

c/ §1-211 

§1-193 

§1-196 



Defined terms: 




Accessory use 


§1-102 


Lot 


Adjoining 


§1-104 


Must 


Board 


§1-118 


Structure 


Dnve-in establishment 


§1-135 


Use 


Enclosed structure 


§1-139 





1024 



1998-1999 Session 



Ord. 99-547 



§ 6-406. Permitted uses. 

In a B-3 District, permitted uses are as follows: 

1 ) As IN A B-2 District, except that business establishments are 

NOT LIMITED TO PRIMARE.Y RETAIL OR SERVICE ESTABLISHMENTS. 

2) Ambulance SERVICE. 

3) Animal HOSPITALS. 

4) Artisans' and craft work. 

5) Automobile accessory stores — including repair and 
installation services. 

6) Automobile glass and mirror shops. 

7) Automobile PAINTING shops. 

8) automobe-e seat cover and convertible top establishments 

9) Awnings, storm windows, and doors: sales and service. 

10) Bakeries — including the sale of bakery products to 
restaurants, hotels, clubs, and similar establishments. 

1 1 ) Batteries and tires: sales and service. 

1 2) Boats: sales, rental, and repair. 

13) Bookbinding. 

14) Building and lumber material sales establishments with 
shops and yards. 

15) Carpet AND RUG cleaning establishments. 

1 6) Cartage and express FACiLmES. 

17) Computer centers. (17) (Vacant} 



1025 



Ord. 99-547 



1998-1999 Session 



1 8) Contractor and construction shops and yards. 

19) Dry cleaning ESTABUSHMENTS. 

20) Feed STORES. 

2 1 ) Fire and police stations. 

22) Food commissaries. 

23) Frozen food LOCKERS. 

24) Fuel and ice sales. 

25) Garages and lots for bus and transit vehicles. 

26) Greenhouses. 

27) Highway maintenance shops and yards. 

28) Hiring halls and work distribution centers. 

29) Hospitals. 

30) Industrial SUPPLIES: SALES. 

3 1 ) Laboratories: research and testing. 

32) Launderettes. 

33) Laundries. 

34) Linen, towel, diaper, and similar supply establishments. 

35) Machinery: sales, rental, and service. 

36) Mail ORDER houses. 

37) Maritime SUPPLIERS. 

38) Meat markets — including sale of meats and meat products 
TO restaurants, hotels, clubs, and similar establishments. 



1026 



1 998- 1 999 Session Ord. 99-547 

(39) Microwave antennas (satellite dishes). 

(40) Milk and dairy products: processing and distribution. 

(41) Mobile HOMES: SALES. 

(42) Model home and garage displays. 

(43) Model slot car racing centers. 

(44) Monuments: sales, with incidental processing to order. 

(45) Motor vehicles: rental. 

(46) Motor vehicles: sales. 

(47) Moving and storage establishments. 

(48) Palmists. 

(49) Parcel collection and delivery stations. 

(50) Parking, open off-street areas, other than accessory, for 
the parking of 4 or more motor vehicles. 

(5 1 ) Pay distribution centers. 

(52) Photographic printing and developing establishments. 

(53) Plumbing, heating, and electrical equipment showrooms 
and shops. 

(54) Printing AND publishing. 

(55) Public utility service centers. 

(56) Repeater, transformer, pumping, booster, switching, 
conditioning, and regulating stations, and similar 
installations. 

(57) Restaurants and lunch rooms — including lp/e 
entertainment and dancing. 

1027 



Ord. 99-547 1 998- 1 999 Session 

(58) schools: commercial. 

(59) Schools: TRADE. 

(60) Schools and studios: business, dance, and music. 

(61) Ship CHANDLERS. (61) (Vacant} 

(62) Sign PAINTING SHOPS. 

(63) Stables FOR HORSES. 

(6^) Store flxture sales establishments. (64) Store fixtures: 

SALES. 

(65) Taverns — including live entertainment and dancing. 

(66) Trailers: sales and rental. 

(67) Union HALLS. 

(68) Upholstering SHOPS. 

(69) Vending machines for retail sale of products. 

(70) Warehousing and wholesale establishments, and storage. 

(7 1 ) Welding equipment and supples: sales and service. 

(72) Woodworking: custom, and custom furniture-making 
shops. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.3- lb (as amended by Ordinance 

97-143). 

In item (1) of this section, the former exception to the 
lirmtations of §6.2-1 a3 (which excluded drive-in 
establishments from the B-2 District) is deleted as obsolete. 



1028 



1 998- 1 999 Session Ord. 99-547 



Drive-ins have not been excluded from the B-2 District since the repeal of 
§6.2-la3 in 1979. See Revisor's Note to §6-306. 

The former reference to "computer centers" is deleted as 
unnecessary in light of the addition of that term to §6-306. 
See Revisor's Note to that section. 

The specific listing for "ship chandlers" is deleted as 
redundant of the listing for "maritime suppliers". 



Defined terms: 






Accessory use 


§1-102 


Motor vehicle 


§1-162 


Artisans' and craft work 


§1-112 


Sign 


§1-189 


Automobile 


§1-114 


Use 


§1-196 


Business establishment 


§1-122 


Wholesale establishment 


§1-197 


Includes; including 


§1-152 







( 



§ 6-407. Accessory uses. 

In a B-3 District, accessory uses and structures are the same as 
THOSE IN A B-2 District. 

Revisor's Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, §6.3-lb, 
to the extent that it incorporates by reference the accessory 
uses formerly listed in §6.1 -1(b). See Revisor's Note to §6- 
207. 

Defined terms: 

Accessory use §1-102 Use §1-196 

Structure §1-193 



§ 6-408. Conditional uses — Board approval required. 

In a B-3 District, conditional uses that require Board approval are 

AS FOLLOWS: 

( 1 ) As IN A B-2 District (unless ms a permftted use under § 6- 
406). 



1029 



Ord. 99-547 1 998- 1 999 Session 

(2) After-hours establishments. 

(3) Amusement arcades — located at least 500 feet from the 
boundary line of a church or school — subject to the 
Board's suspension of the conditional use for not less than 

30 DAYS nor more THAN 90 DAYS IF AN OWNER, OPERATOR, OR 

employee of the arcade is convicted of violating city code 
Article 19, § 95 {"Parental Responsibe^ity — Curfew: 
Unlawful conduct of owners or operators of 
establishments"}. 

(4) Amusement parks and permanent carnivals. 

(5) Car washes. 

(6) Garages, other than accessory, for storage, repair, and 

servicing of motor vehicles not over IVi-TONS CAPACITY — 

including body repair, painting and engine rebuilding. 

(7) Garages, other than accessory, for storage, repair, and 

servicing of motor vehicles over 1 V2-TONS CAPACITY — NOT 
including BODY REPAIR, PAINTING, AND ENGINE REBUILDING. 

(8) Heliports. 

(9) Overhead electric transmission lines (above 69-kV) on 
rights-of-way acquired before January 1, 1969. 

( 1 0) Pool H;\lls and billl\rd parlors. 

fU^ (10) Racetracks, existing BEFORE July 1, 1973. 

(44) (11) Recreational FAdLiTiES: indoor. 

f4^ 02) Recreational FACiLrriES: outdoor. 

(M) 03} Stadiums, EXISTING before July 1, 1973. 

(^ 04} Tattoo parlors. 

{^ 05} Theaters: drive-in, existing before July 1, 1973. 



030 



1998-1999 Session 



Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.3- Ic (as amended by Ordinance 

97-143). 

In item (6) of this section, "other than accessory", is added 
for clarity and for consistency with item (7). And, in item 
(7), the caveat "not including body repair..." is also added 
for clarity, to distinguish this use from that in item (6), 
which allows body repairs, etc., but only for smaller 
vehicles, and from the broad, general use listed in §7-306, 
which permits all "garages for storage, repair, and servicing 
of motor vehicles", but only for M-2 and M-3 Districts. As 
to accessory garages, see §3-304(e) of this article. 

The former listing for "pool halls and billiard parlors" is 
deleted as redundant. These are conditional uses the B-2 
District and, therefore, covered by item (1) of this section. 



Defined terms: 






Accessory use or structure 


§1-102 


Heliport 


§1-148 


After-hours establishment 


§1-107 


Includes; including 


§1-152 


Amusement arcade 


§1-109 


Motor vehicle 


§1-162 


Board 


§1-118 


Recreational facility: indoor 


§1-179 


Car wash 


§1-123 


Recreational facility: outdoor 


§1-180 


City Code 


§1-125 


Structure 


§1-193 


Drive-in establishment 


§1-135 


Use 


§1-196 



§ 6-409. Conditional uses — ordinance required. 



» 



In A B-3 District, conditional uses that require approval by 
ordinance are as follows: 



( 1 ) As IN A B-2 District (unless ms a permitted use under § 6- 
406). 

(2) Racetracks, established on or after July 1 , 1973. 

(3) Recyclable materials recovery FACiLrnEs — all materials 

STORED INDOORS. 

(4) Restaurants: DRIVE-IN. 



1031 



Ord. 99-547 1 998- 1 999 SESSION 

(5) Stadiums, established on or after July 1 , 1973. 

(6) Theaters: drive-in, established on or after July 1 , 1973. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.3- Id. 

In item (1) of this section, conforming to the pattern used for 
the other types of uses, a cross-reference is substituted for 
formerly listed items that merely duplicated those listed in 
the B-2 District. 

In items (2), (5), and (6) of this section, "on or after" is 
substituted for "after" to correct the gap between these items 
and their counterparts in §6-408 of this subtitle. 

Defined terms: 

Drive-in establishment §1-135 Use §1-196 

Recyclable . . . facility § 1 - 1 8 1 

§ 6-410. {Reserved} 

Part III. Bulk Regulations 
§6-411. Lot area. 

(A) In GENERAL. 

For each dwelling, EPnciENCY, or rooming unit located in a B-3 
District, the minimum lot area is as specified in this section: 

(B) B-3- 1 District. 

(1) General 

Except as specified in paragraph (2) of this subsection, the 
minimum lot area in a B-3-1 District is: 

(I) 2,500 SQUARE FEET PER ROOMING UNIT. 



1032 



1 998- 1 999 Session Ord. 99-547 

(n) 3,350 square feet per efhcency unit, 
(in) 5,000 square feet per other dwelling unit. 
(2) Housing for elderly. 

The MINIMUM LOT AREA FOR HOUSING FOR THE ELDERLY IN A B-3-1 

District IS: 

(I) 1 ,500 SQUARE FEET PER EFHCEENCY UNIT. 

(n) 2,300 SQUARE FEET PER OTHER DWELLING UNIT. 

(c) B-3-2 District. 

(1) General. 

Except as specified in paragraph (2) of this subsection, the 
minimum lot area in a b-3-2 district is: 

(i) 550 square feet per rooming unit. 

(n) 750 square feet per efhciency unit. 

(in) 1 , 100 square feet per other dwelling unit. 

(2) Housing FOR ELDERLY. 

The minimum lot area for housing for the elderly in a B-3-2 
District is: 

(I) 245 square feet per efficiency unit. 

(n) 370 square feet per other dwelling unit. 

(d) B-3-3 District. 

(1) General 

Except as specified in paragraph (2) of this subsection, the 
minimum lot area in a b-3-3 district is: 



1033 



Ord. 99-547 1 998- 1 999 Session 

(i) 275 square feet per rooming unit. 

(ii) 375 square feet per efficiency unit. 

(m) 550 square feet per other dwelling unit. 

(2) Housing FOR ELDERLY. 

The minimum lot area for housing for the elderly in a B-3-3 
District IS: 

(I) 1 35 SQUARE FEET PER EFRCIENCY UNIT. 

(II) 200 SQUARE FEET PER OTHER DWELLING UNIT. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.3-2a. 



Defined terms: 






Dwelling 
Dwelling unit 
Efficiency unit 
Housing for elderly 


§1-136 
§1-137 
§1-138 
§1-151 


Lot 

Lot area 
Rooming unit 


§1-154 
§1-155 
§1-186 


§ 6-412. Yards. 








(A) In GENERAL. 









The MINIMUM YARD REQUIREMENTS IN A B-3 DISTRICT ARE AS SPECIFIED 
IN THIS SECTION. 

(B) Front. 

( 1 ) In A B-3-1 District — at least 20 feet deep. 

(2) In a B-3-2 and B-3-3 District — none required. 



1034 



1 998- 1 999 Session Ord. 99-547 

(c) Interior SIDE. 

None required. However, where an interior side yard is 

PROVIDED, IT MUST BE AT LEAST 10 FEET DEEP UNLESS A GREATER DEPTH 
IS REQUIRED UNDER § 6- 107(C) OF THIS TITLE. 

(D) Street CORNER SIDE. 

( 1 ) In A B-3- 1 DISTRICT — at least 1 5 feet deep. 

(2) In A B-3-2 AND B-3-3 District — none required, 
(e) Rear. 

At least 30 feet deep. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.3-2bl through 2b4. 

Defined terms: 

Must c/ §1-211 Yard §1-198 

6 - 112 . § 6-413. Floor area ratio. 

(A) In GENERAL 

The maximum floor area ratios in a B-3 District are as specified 
IN this section. 

(B) B-3-1 District. 

(1) General. 

Except as specified in paragraph (2) of this subsection, the 
floor area ratio in a b-3-1 district may not exceed 0.8. 



1035 



Ord. 99-547 1 998- 1 999 SESSION 



(2) Housing FOR ELDERLY. 

The floor area ratio for housing for the elderly in a B-3-1 
District may not exceed 1 .0. 

(c) B-3-2 District. 

(1) General 

Except as specified in paragraph (2) of this subsection, the 

FLOOR area ratio IN A B-3-2 DISTRICT MAY NOT EXCEED 2.5. 

(2) Housing for elderly. 

The floor area ratio for housing for the elderly in a B-3-2 
District may not exceed 3.0. 

(d) B-3 -3 District. 

(1) General 

Except as specified in paragraph (2) of this subsection, the 
floor area ratio in a B-3-3 District may not exceed 5.0. 

(2) Housing FOR ELDERLY. 

The floor area ratio for housing for the elderly in a B-3-3 
District MAY NOT EXCEED 5.5. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.3-2c. 

Defined terms: 

Floor area for FAR c/. § 1 -302 Housing for elderly § 1 - 1 5 1 

Floor area ratio § 1 - 1 45 May not cf §1-211 



1036 



1 998- 1 999 Session Ord. 99-547 

Subtitle 5. B-4 Central Business District 
PartI. Overview 
§ 6-501. Design. 

(A) In general. 

The B-4 Central Business District is designed to provide for the 

GREAT variety OF LARGE RETAIL STORES, OFRCES, AND RELATED 
ACnvmES THAT: 

( 1 ) ARE CHARACTERISTIC OF THE MAJOR BUSINESS STREETS OF THE 
DOWNTOWN AREA; AND 

(2) SERVE THE ENTIRE METROPOLITAN REGION. 

(B) Uses. 

The DISTRICT REGULATIONS ALSO PERMIT THOSE CUSTOM 
MANUFACTURING ESTABLISHMENTS THAT ARE GENERALLY ASSOCIATED 
WITH DOWNTOWN RETAIL ACnVITIES. 

(c) Exclusive application to central business district. 

In ESTABLISHING THE B-4 DISTRICT, THE MAYOR AND CiTY COUNCIL 
INTENDS THIS DISTRICT TO EXIST EXCLUSIVELY IN THE CENTRAL BUSINESS 
DISTRICT OF THE CiTY. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1" and 3'^ paragraphs of Article 30, §6.4. 

Defined terms: 

Central business district § 1 - 1 24 



1037 



Ord. 99-547 1 998- 1 999 SESSION 

§ 6-502. subdistricts. 

The B-4 District is divided into 2 subdistricts for purposes of bulk 

REGULATIONS, AS SET FORTH IN PART III OF THIS SUBTITLE. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"^ paragraph of Article 30, §6.4. 

§ 6-503. {Reserved} 
§ 6-504. {Reserved} 

Part II. Use Regulations 
§ 6-505. General requirements. 

(A) In general 

In addition to the requirements in Subtitle 1 {"Overview; 
General Requirements"} of this title, uses in a B-4 District are 
subject to the following requirements. 

(B) Uses to be enclosed; exceptions. 

(1) In GENERAL 

Except as specified in paragraph (2) of this subsection, 
business uses, storage uses, and the servicing, processing, 
production, cleaning, testing, or repair of materials, goods, 
or products must be located within enclosed structures. 

(2) Exceptions. 

This subsection does not apply to: 
(i) off-street parking and loading; 



I 



1038 



1 998- 1 999 Session Ord. 99-547 



(n) OUTDOOR TABLE SERVICE THAT IS ACCESSORY TO A 
RESTAURANT USE; AND 

(m) THE DISPLAY OF MERCHANDISE FOR SALE TO THE PUBLIC. 

(c) Drive-ins prohibited; exceptions. 

DRIVE-IN ESTABLISHMENTS ARE PROHIBITED, EXCEPT FOR BANKS AND 
SAVINGS AND LOAN ASSOCIATIONS. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.4- lal and la2. 

The Review Committee notes that the reference in 
subsection (c) to "banks and savings and loan associations" 
might be narrower than intended. Technically, for example, 
neither term covers credit unions and, arguably, might not 
cover the type of banking institution known as a "trust 
company". 

Defined terms: 

Accessory use §1-102 Must c/ §1-211 

Drive-in establishment §1-135 Structure §1-193 

Enclosed structure §1-139 Use §1-196 



§ 6-506. Permitted uses. 

In a B-4 District, permitted uses are as follows: 

( 1 ) As in A B-2 District, except that business establishments are 
not limited to primarily retail or service establishments. 

(2) Artisans' and craft work. 

(3) auditorrjms and concert halls. 

(4) bus and transit passenger stations and terminals. 

(5) COMPUTER CENTERS. (5) (VACANT} 



1039 



Ord. 99-547 



1998-1999 Session 



6) Courthouses. 

7 ) Foreign consulates and consular ofrces . 

8) Hiring halls and work distribution centers. 

9) Laboratories: research and testing. 

10) Machinery: sales and rental — but storage or display of 
machinery restricted to household appliances, office 
machines, and floor samples. 

11) Mail ORDER HOUSES. 

12) Meeting AND BANQUET HALLS. 

13) Microwave antennas (satellite dishes). 

14) Motor vehicles: rental. 

15) Pawnshops. 

16) Pay distribution CENTERS. 

1 7) Photographic printing and developing establishments. 

18) Printing AND publishing. 

19) Processing, cleaning, servicing, testing, or repairs of 
materials, goods, or products. 

20) Production and repair limited to the following: 

(I) Clothing — custom manufacturing and alterations. 

(II) Dentures. 

(III) Jewelry from precious metals. 

(IV) Optical lenses. 

(V) Watches. 

1040 



1 998- 1 999 Session Ord. 99-547 



(21) Public UTILITY SERVICE CENTERS. 

(22) Repeater, transformer, pumping, booster, switching, 
conditioning, and regulating stations, and similar 
installations. 

(23) Restaurants and lunch rooms — including live 
entertainment and dancing. 

(24) Schools: commercial. 

(25) Sign PAINTING SHOPS. 

(26) Store fixtures: sales. 

(27) Taverns — including live entertainment and dancing. 

(28) Warehousing and wholesale estabushments, and storage. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.4- lb. 

In item (2) of this section, the defined term "artisans' and 
craft work" is substituted for the former reference, in what is 
now item (20), to "production and repair... art and craft 
work". 

In item (28) of this section, the reference to storage that is 
"other than accessory to permitted uses" — meaning ''even if 
not accessory" — is deleted as misleadingly worded and, in 
any event, unnecessary. 

The former reference to "computer centers" is deleted as 
unnecessary in light of the addition of that term to §6-306. 
See Re visor's Note to that section. 

Deflned terms: 

Artisans ' and craft work § 1 - 1 1 2 Pawnshop § 1 - 1 70 

Business establishment §1-122 Sign §1-189 

Includes; including § 1 - 1 5 2 Wholesale establishment § 1 - 1 97 

Motor vehicle § 1 - 1 62 



1041 



Ord. 99-547 1998-1999 SESSION 



§6-507. Accessory USES. 

In a B-4 District, accessory uses and structures are the same as 
THOSE in A B-1 District, except that the gross floor area limitations 
of A B- 1 District do not apply in a B-4 District. 

Revisor's Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, §6.4- lb, 
to the extent that it incorporates by reference the accessory 
uses formerly listed in §6.1 -1(b). See Revisor's Note to §6- 
207. 

"Gross floor area", the term used in §6-205 for the B-1 
District, is substituted for "floor area" for clarity and 
consistency. 

Defined terms: 

Accessory use §1-102 Structure §1-193 

Gross floor area cf. §1-304 Use §1-196 



§ 6-508. Conditional uses — Board approval required. 

In a B-4 District, conditional uses that require Board approval are 

as FOLLOWS: 

( 1 ) As in A B-2 District (unless ms a permitted use under § 6- 
506). 

(2) after-hours establishments. 

(3) Clothing and other finished products: manufacturing. 

(4) Dance halls^ 

(5) Dry cleaning establishments^ 

(6) Heliports^ 



1042 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.4- Ic. 

In item (3) of this section, "clothing" is substituted for 
"apparel" for clarity. 

Defined terms: 

After-hours establishment §1-107 Heliport §1-148 

Board §1-118 Use §1-196 



§ 6-509. Conditional uses — ordinance required. 

In a B-4 District, conditional uses that require approval by 
ordinance are as follows: 

( 1 ) As IN A B- 1 District (unless it is a permitted use under § 6- 
506). 

(2) Convalescent, nursing, and rest homes. 

(3) Homes for the rehabilitation of non-bedridden alcoholics 
and for the care and custody of homeless persons. 

(4) Hospitals. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.4- Id. 

In item (1) of this section, conforming to the pattern used for 
the other types of uses, a cross-reference is substituted for 
formerly listed items that merely duplicated those listed in 
theB-1 District. 

Defined terms: 

Convalescent . . . homes § 1 - 1 29 Use § 1 - 1 96 



1043 



Ord. 99-547 1 998- 1 999 SESSION 

§ 6-510. {Reserved) 

Part III Bulk Regulations 
§6-511. Lot AREA. 

(A) In GENERAL 

For each dwelling, efhceency, or rooming unit located in a B-4 
District, the minimum lot area is as specified in this section. 

(B) B-4-1 District. 

(1) General 

Except as specified in paragraph (2) of this subsection, the 
minimum lot area in a B-4-1 District is: 

(I) 1 20 square feet per rooming or efhcdency unit. 

(n) 1 70 square feet per other dwelling unit. 

(2) Housing FOR ELDERLY. 

The minimum lot area for housing for the elderly in a B-4-1 
District IS: 

(I) 80 SQUARE FEET PER EFHCENCY UNIT. 

(n) 1 20 SQUARE FEET PER OTHER DWELLING UNIT. 

(c) B-4-2 District. 

(1) General 

Except as specified in paragraph (2) of this subsection, the 
minimum lot area in a b-4-2 district is: 

(i) 80 square feet per rooming or efficiency unit. 

(ii) 1 20 square feet per other dwelling unit. 



044 



1 998- 1 999 Session Ord. 99-547 



(2) Housing FOR ELDERLY. 

The minimum lot area for housing for the elderly in a B-4-2 
District IS: 

(I) 55 SQUARE FEET PER EFFICIENCY UNIT. 

(n) 80 SQUARE FEET PER OTHER DWELLING UNIT. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.4-2a. 

Defined terms: 

Dwelling §1-136 Lot §1-154 

Dwelling unit §1-137 Lot area §1-155 

Efficiency unit §1-138 Rooming unit §1-186 

Housing for elderly § 1 - 1 5 1 

§ 6-512. {Reserved} 
§6-513. Floor AREA RATIO. 

(A) In GENERAL 

The maximum floor area ratios in a B-4 District are as specified 
in this section. 

(B) B-4-1 District. 

(1) General 

Except as specified in paragraph (2) of this subsection, the 
floor area ratio in a b-4-1 district may not exceed 8.0. 

(2) Housing FOR ELDERLY. 

The FLOOR area ratio for housing for the ELDERLY IN A B-4-1 

District may not exceed 9.0. 



1045 



Ord. 99-547 1 998- 1 999 Session 

(c) B-4-2 District. 

The floor area ratio in a B-4-2 District may not exceed 14.0. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.4-2b. 

Deflned terms: 

Floor area for FAR cf. §1-302 Housing for elderly §1-151 

Floor area ratio § 1 - 1 45 May not cf §1-211 

§6-514. Floor area PREMIUMS. 

(A) In GENERAL 

In a B-4-1 or B-4-2 District, if a structure meets the established 

basic floor area ratio and is set back from 1 OR MORE LOT LINES, 
FLOOR AREA RATIO PREMIUMS MAY BE ADDED TO THE BASIC FLOOR AREA 
RATIO IN ACCORDANCE WITH ONE OR MORE OF THE FOLLOWING 
SUBSECTIONS. 

(B) Premiums for 20-foot setback. 

( 1 ) A PREMIUM OF 2.0 MAY BE ADDED FOR EACH STREET SETBACK 
WHERE: 

(I) THE FIRST STORY ABOVE GRADE IS SET BACK AT LEAST 20 
FEET FROM THE LOT LINE FOR THE ENTIRE FRONTAGE OF THE 
LOT ON A PUBLIC STREET; AND 

(II) THE AREA WITHIN THE 20-FOOT SETBACK: 

(A) IS SUITABLY PAVED OR LANDSCAPED OR BOTH; 
AND 

(B) EXCEPT FOR COLUMNS OR PIERS SUPPORTING 
UPPER STORIES OR A ROOF, IS OTHERWISE 
UNOBSTRUCTED. 



1046 



1 998- 1 999 Session Ord. 99-547 



(2) This premium is increased to 2.5 for each street setback 

WHERE, in addition TO THE FIRST STORY, ALL OTHER STORIES 
ABOVE GRADE ARE SO SET BACK FOR AT LEAST 20 FEET. 

(c) Open area premiums — full structure set back. 

A PREMIUM EQUAL TO 3 TIMES THE OPEN AREA OF THE LOT AT GROUND 
LEVEL DIVIDED BY THE GROSS LOT AREA MAY BE ADDED WHERE: 

( 1 ) THE STRUCTURE FROM GROUND LEVEL UP IS SET BACK FROM 1 
OR MORE LOT LINES; AND 

(2) THE AREA WITHIN THE SETBACK: 

(I) IS OPEN FROM GROUND LEVEL DIRECTLY TO THE SKY ; 
AND 

(n) EXTENDS BETWEEN EXTERIOR STRUCTURE WALLS AND 
LOT LINES IN A HORIZONTAL PLANE FOR A DISTANCE OF 
AT LEAST 8 FEET. 

(D) Open area premiums — per floor setback. 

For EACH FLOOR ABOVE THE GROUND FLOOR THAT IS SET BACK FROM 1 
OR MORE LOT LINES, A PREMIUM EQUAL TO 0.4 TIMES THE OPEN AREA OF 
THE LOT AT THE LEVEL OF THAT FLOOR DIVIDED BY THE GROSS LOT AREA 
MAY BE ADDED WHERE THE AREA WITHIN THE SETBACK OF THAT FLOOR: 

( 1 ) IS OPEN DIRECTLY TO THE SKY; AND 

(2) AT THAT FLOOR LEVEL, EXTENDS BETWEEN EXTERIOR 
STRUCTURE WALLS AND LOT LINES IN A HORIZONTAL PLANE FOR 
A DISTANCE OF AT LEAST 8 FEET. 

(E) Limitations. 

No FLOOR MAY SERVE AS A BASIS FOR CREATING ADDITIONAL PREMIUMS 
IF IT: 

( 1 ) EXCEEDS THE BASIC FLOOR AREA RATIO LIMITS ESTABLISHED IN 
§ 6-5 1 3 AND THIS SECTION; AND 



1047 



Ord. 99-547 1 998- 1 999 Session 



(2) IS ADDED TO A STRUCTURE BY VIRTUE OF UNUSED BASIC FLOOR 
AREA RATIO OR BY VIRTUE OF FLOOR AREA RATIO PREMIUMS. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.4-2c. 





Defined terms: 






Floor area for FAR 


c/ §1-302 


May 


c/ §1-211 


Floor area ratio 


§1-145 


No ... may 


c/ §1-211 


Lot 


§1-154 


Street 


§1-190 


Lot area 


§1-155 


Structure 


§1-193 


Lot line 


§1-156 







Subtitle 6. B-S Central Commercial District 
PartL Overview 
§6-601. Design. 

(A) In GENERAL 

The B-5 Central Commercial District is designed primarily to 
provide for those uses and activities in the central business 
district of the city that are generally associated with and 
near the functions permitted in a b^ district. 

(B) Exclusive appucation to central business district. 

In ESTABLISHING THE B-5 DISTRICT, THE MAYOR AND CiTY COUNCIL 
INTENDS THIS DISTRICT TO EXIST EXCLUSIVELY IN THE CENTRAL BUSINESS 
DISTRICT OF THE CiTY. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1" and 3"^ paragraphs of Article 30, §6.5. 

Defined terms: 

Central business district §1-124 Use §1-196 

1048 



998- 1 999 Session Ord. 99-547 



§6-602. subdistricts. 

The B-5 District is divided into 2 subdistricts for purposes of bulk 
regulations, as set forth in part iii of this subtitle. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"^ paragraph of Article 30, §6.5. 

§ 6-603. {Reserved} 
§ 6-604. {Reserved} 

Part 11. Use Regulations 
§ 6-605. General requirements. 

(A) In GENERAL. 

In addition to the requirements in Subtitle 1 {"Overview; 
General Requirements" } of this title, uses in a B-5 District are 
subject to the following requirements. 

(B) Uses to be enclosed; exceptions. 

(1) In general 

Except as specified in paragraph (2) of this subsection, 
business uses and the servicing, processing, production, 
cleaning, testing, or repair of materials, goods, or 
products must be located within enclosed structures. 

(2) Exceptions. 

This subsection does not apply to: 

(i) off-street parking and loading; 

(n) outdoor table service that is accessory to a 
restaurant use; 



1049 



Ord. 99-547 1 998- 1 999 Session 

(ra) DRIVE-IN ESTABLISHMENTS; AND 

(IV) THE DISPLAY OF MERCHANDISE FOR SALE TO THE PUBUC. 

(c) Screening of certain unenclosed uses. 

(1) When REQUIRED. 

Screening is required for any use that is not conducted 

WHOLLY within AN ENCLOSED STRUCTURE, IF THE USE: 

(i) either adjoins or is within 1 00 feet of a lot in a 
Residence or Ofrce-Residence District; and 

(n) is visible from the ground level of the Residence or 
Office-Residence District. 

(2) Type REQUIRED. 

A use described in paragraph (1) of this subsection must be 
effectively screened from the Residence or Office- 
Residence LOT BY: 

(I) A WALL, FENCE, OR OTHER SUBSTANTIALLY EQUIVALENT 
STRUCTURE AT LEAST 6 FEET HIGH ; OR 

(II) A TERRAIN OR LANDSCAPING FEATURE THAT FUNCTIONS AS 
AN EFFECTIVE SCREEN. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.5- lal and la3. 



§1-154 

c/ §1-211 

§1-193 

§1-196 



Defined terms: 




Accessory use 


§1-102 


Lot 


Adjoining 


§1-104 


Must 


Dnve-in establishment 


§1-135 


Structure 


Enclosed structure 


§1-139 


Use 



1050 



1 998- 1 999 Session Ord. 99-547 

§ 6-606. Permitted uses. 

In a B-5 District, permitted uses are as follows: 

( 1 ) As EM a B-3 or B-4 District. 

(2) Amusement arcades — located at least 500 feet from the 
boundary line of a church or school. 

(3) Convention HALLS. 

(4) Marine TERMINALS: FREIGHT. 

(5) Newspaper publishing establishments. 

(6) Pool HALLS AND billiard PARLORS. 

(7) Railroad rights-of-way and passenger stations. 

(8) Rescue MISSIONS. 

(9) Science CENTERS. 

(10) Trade CENTERS. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.5- lb. 

Defined terms: 

Amusement arcade §1-109 Use §1-196 

§ 6-607. ACCESSORY uses. 

In a B-5 DISTRICT, accessory uses and STRUCTURES ARE THE SAME AS 

THOSE IN A B-1 District, except that the gross floor area limitations 
OF A B- 1 District do not apply in a B-5 District. 



I 



1051 



Ord. 99-547 1 998- 1 999 SESSION 



Revisor's Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, §6.5- lb, 
to the extent that it incorporates by reference the accessory 
uses formerly listed in §6.1 -1(b). See Reviser's Note to §6- 
207. 

"Gross floor area", the term used in §6-205 for the B-1 
Distnct, is substituted for "floor area" for clarity and 
consistency. 

Defined terms: 

Accessory use §1-102 Structure §1-193 

Gross floor area c/. §1-304 Use §1-196 



§ 6-608. Conditional uses — Board approval required. 

In A B-5 District, conditional uses that require Board approval are 

AS FOLLOWS: 

( 1 ) As IN A B-3 District (unless ms a permitted use under § 6- 
606). 

(2) Dance HALLS. 

(3) Marine TERMINALS: PASSENGER. 

(4) Railroad freight terminals, piggy-back terminals, 

SWITCHING and CLASSIFICATION YARDS, REPAIR SHOPS, AND 
ROUNDHOUSES. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.5- Ic. 

Defined terms: 

Board §1-118 Use §1-196 



1052 



1 998- 1 999 Session Ord. 99-547 



§6-609. Conditional USES — ordinance required. 

In a B-5 District, conditional uses that require approval by 
ordinance are as follows: 

( 1 ) As IN A B-4 District (unless rr is a permitted use under § 6- 
606). 

(2) Adult-entertainment businesses — located at least 300 feet 
from any other adult-entertainment business , ^\ny book or 
video store: i\dult, and any peep show est;\blishment . 

(3) Book or video stores: adult — located at least 300 feet 
from any other book or video store: adult, any adult- 
entertainment business, and any peep show establishment. 

(4) Peep show estabushments — located at least 300 feet from 
any other peep show establishment, any adult- 
entertainment business, and any book or video store: adult. 

(5) Racetracks, established on or after July 1,1973. 

(6) Restaurants: drive-in. 

(7) Stadrjms, established after July 1 , 1 973 . 

(8) Theaters: drive-in, established on after July 1 , 1973. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.5- Id. 

In item (1) of this section, conforming to the pattern used for 
the other types of uses, a cross-reference is substituted for 
formerly listed items that merely duplicated those listed in 
the B-4 District. 

In item (2) of this section, the distance r e quir e m e nt is 
modified to ref e r not only to other adult entertainm e nt 
businoGsos but, also, to adult book or vid e o stores and to 
peep show establishm e nts, for clarity and to conform to 
it e ms (3) and (i) of this section. Presumably, the draft e r 



1053 



Ord. 99-547 1 998- 1 999 Session 

asGumed that "adult ontGrtainm e nt busin e ss" encompasG e s 
th e oth e r two. But that is not n e cossarily th e case. Thus, as 
formerly drafted, items (3) and (1) would pr e vent an adult 
book stor e or poop show e stablishment from being opened if 
an adult e nt e rtainment busin e ss already exists nearby; but, 
under item (2). an adult entertainmont business could bo 
opened notwithstanding a nearby adult book store or p ee p 
show e stablishment. The i\rticle Review Committ e e doubts 
that tho Council intended such an anomalous result. 

In items (5), (7), and (8) of this section, "on or after" is 
substituted for "after" to correct the gap between these items 
and their counterparts in §6-408 of this subtitle. 

Defined terms: 

Adult-entertainment business § 1 - 1 06 Peep show establishment § 1 - 1 72 

Book or video store: adult § 1 - 1 20 Use § 1 - 1 96 

Drive-in establishment § 1 - 1 35 

§ 6-610. {Reserved} 

Part III. Bulk Regulations 
§6-611. {Reserved} 
§ 6-612. {Reserved} 
§6-613. Floor AREA RATIO. 

(A) In GENERAL 

The maximum floor area ratios in a B-5 District are as specified 
IN this section. 

(B) B-5- 1 District. 

The floor area ratio in a B-5-1 District may not exceed 8.0. 
(c) B-5-2 District. 

The floor area ratio in a B-5-2 District may not exceed 14.0. 



054 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.5-2a. 

Deflned terms: 

Floor area for FAR c/ §1-302 May not c/ §1-211 

Floor area ratio § 1 - 1 45 



§ 6-614. Floor area premiums. 

(A) In GENERAL 

In a B-5-1 or B-5-2 District, if a structure meets the established 
basic floor area ratio and is set back from 1 or more lot lines, 
floor area ratio premiums may be added to the basic floor area 
ratio in accordance with one or more of the following 
subsections. 

(B) Premiums FOR 20-FOOT SETBACK. 

( 1 ) A PREMIUM OF 2.0 MAY BE ADDED FOR EACH STREET SETBACK 
WHERE: 

(I) THE FIRST STORY ABOVE GRADE IS SET BACK AT LEAST 20 
FEET FROM THE LOT LINE FOR THE ENTIRE FRONTAGE OF THE 
LOT ON A PUBLIC STREET; AND 

(n) THE AREA WITHIN THE 20-FOOT SETBACK: 

(A) IS SUITABLY PAVED OR LANDSCAPED OR BOTH; 
AND 

(b) except for columns or piers supporting 
upper stories or a roof, is otherwise 
unobstructed. 

(2) This premium is increased to 2.5 for each street setback 
where, in addition to the first story, all other stories 
above grade are so set back for at least 20 feet. 



1055 



Ord. 99-547 1 998- 1 999 Session 



(c) Open area premiums — full structure set back. 

A PREMIUM EQUAL TO 3 TIMES THE OPEN AREA OF THE LOT AT GROUND 
LEVEL DIVIDED BY THE GROSS LOT AREA MAY BE ADDED WHERE: 

( 1 ) THE STRUCTURE FROM GROUND LEVEL UP IS SET BACK FROM 1 
OR MORE LOT LINES; AND 

(2) THE AREA WITHIN THE SETBACK: 

(I) IS OPEN FROM GROUND LEVEL DIRECTLY TO THE SKY; 
AND 

(n) EXTENDS BETWEEN EXTERIOR STRUCTURE WALLS AND 
LOT LINES IN A HORIZONTAL PLANE FOR A DISTANCE OF 
AT LEAST 8 FEET. 

(D) Open area premiums — per floor setback. 

For each floor above the ground floor that is set back from 1 

OR more lot lines, a PREMIUM EQUAL TO 0.4 TIMES THE OPEN AREA OF 
THE LOT AT THE LEVEL OF THAT FLOOR DIVIDED BY THE GROSS LOT .AREA 
MAY BE ADDED WHERE THE AREA WITHIN THE SETBACK OF THAT FLOOR: 

( 1 ) IS OPEN DIRECTLY TO THE SKY; AND 

(2) AT THAT FLOOR LEVEL, EXTENDS BETWEEN EXTERIOR 
STRUCTURE WALLS AND LOT LINES IN A HORIZONTAL PLANE FOR 
A DISTANCE OF AT LEAST 8 FEET. 

(E) Limttations. 

No FLOOR MAY SERVE AS A BASIS FOR CREATING ADDITIONAL PREMIUMS 
IF IT: 

( 1 ) EXCEEDS THE BASIC FLOOR AREA RATIO LIMITS ESTABUSHED IN 
§ 6-61 3 AND THIS SECTION; AND 

(2) IS ADDED TO A STRUCTURE BY VIRTUE OF UNUSED BASIC FLOOR 
AREA RATIO OR BY VIRTUE OF FLOOR AREA RATIO PREMIUMS. 



056 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 



This section is new language derived without substantive 
change from Article 30, §6.5-2b. 



Defined terms: 




Floor area for FAR cf. §1-302 


May 


Floor area ratio § 1 - 1 45 


No ... may 


Lot §1-154 


Street 


Lot line §1-156 


Structure 



c/ §1-211 

c/ §1-211 

§1-190 

§1-193 



§ 6-615. Adult-entertainment businesses. 

No adult-entertainment business may occupy more than 3,000 

SQUARE FEET. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §6.5-2c. 

The former reference to the "total floor area" being "utilized 
for use [sic] as adult entertainment" is deleted as 
unnecessary and, given the intended application of this rule 
to the entire business, misleading. 

Defined terms: 

Adult-entertainment business § 1 - 1 06 No ... may cf. §1-211 

Title? 
Industrial Districts 

Subtitle 1. Overview; General Requirements 

PartL Overview 

§7-101. Purpose. 

Three industrial districts are established in recognition of the 
diverse industrial and manufacturing uses that exist in the City 

1057 



Ord. 99-547 1 998- 1 999 SESSION 



AND THAT REASONABLY ARE EXPECTED TO EXIST IN THE CiTY IN THE NEAR 
FUTURE. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1" sentence of the introductory paragraph to 
Chapter 7 of Article 30. 

Defined terms: 

Use §1-196 



§7-102. Regulatory INTENT. 

The regulations are designed and intended: 

( 1 ) to promote growth and stability of industrial and related 
development; 

(2) to strengthen the economic base of the city; 

(3) to provide the flexibility needed to meet the changing 
technological conditions that affect industry, its plants, 
and products; 

(4) to encourage the upgrading of industrial operations by the 
appucation of good housekeeping standards; 

(5 ) to protect the character of the district and its suitability 
for particular uses; and 

(6) to preserve and expand the clty's tax base and employment 
potential. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"^ sentence of the introductory paragraph 
to Chapter 7 of Article 30. 



058 



1 998- 1 999 Session Ord. 99-547 



Defined terms: 
Use §1-196 

§ 7-103. Excluded uses. 

New residential development and other uses of land are excluded 
from these districts, both to protect industrial development from 
the intrusion of non-industrial uses and to ensure the reservation 
of adequate areas for industrial development. 

Revisor's Note 

This section is derived without substantive change from the 
y^ sentence of the introductory paragraph to Chapter 7 of 
Article 30. 

Defined terms: 

Use §1-196 

Part II. General Requirements 

§ 7-104. In GENERAL. 

In addition to the general provisions of Title 3 { "General Rules" } of 

THIS article and THE REGULATIONS SPECIFIED IN THIS TITLE FOR A 
PARTICULAR DISTRICT OR SUBDISTRICT, THE FOLLOWING PROVISIONS APPLY TO 

ALL Industrial Districts. 

Revisor's Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, §7.0-2. 

A cross-reference to Title 3 is added for clarity. Also, the 
reference to a "subdistrict" has been added, since bulk 
regulations are determined at that level. 



I 



1059 



Ord. 99-547 1 998- 1 999 Session 



§ 7-105. Prohibited uses. 

Dwelling, efficiency, and rooming units, other than guard's 
quarters, are prohibited in all industrial districts. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"^ sentence of §7.0- If. 

Defined terms: 

Dwelling §1-136 Efficiency unit §1-138 

Dwelling unit §1-137 Rooming unit §1-186 



§ 7-106. {Reserved} 
§ 7-107. Yards. 

(A) Accessory STRUCTURES. 

Accessory structures must comply with the yard requirements 
OF the principal structure. 

(B ) Using a verage of existing improvements 

( 1 ) This subsection applies to a subsequently-erected or - 
expanded structure on a block where lots having 50% or 
more of the frontage on the same side of a street and within 
200 feet of either of the structure's side lot lines have 
already been improved with structures that have front 
yards of more or less depth than required by this title. 

(2) The required front-yard depth for the subsequently- 
erected OR -expanded structure within that frontage is the 

AVERAGE DEPTH OF THE FRONT YARDS OF THE ALREADY- IMPROVED 
LOTS, BUT IN NO CASE MORE THAN 30 FEET. 



1060 



1998-1999 Session 



Ord. 99-547 



(c) Lots abutting railroad rights-of- wa y. 

If any part of a side or rear lot line coincides with a railroad 
right-of-way or siding track, no side or rear yard is required 
where the lot line so coincides. 

(D) Lots abutting navigable water. 

If any part of a side or rear lot line coincides with navigable 
water, no side or rear yard is required where the lot line so 
coincides. 

Revisor's Note 

This section are new language derived without substantive 
change from Article 30, §7.0-2a2 through 2a5. 

In subsection (a) of this section, the reference to accessory 
structures "attached to principal structures" is deleted as an 
oxymoron. Something attached to a principal structure is 
itself a part of the principal structure. 

In subsection (b) of this section, the defined term 
"expand[ed]" is substituted for "extended". 

The provisions of §7.0-2al are deleted as redundant of the 
rule already stated in both §1-198 {"Yard"} and §3-209 
{"Projections ... into required yards: In general"}. 





Defined terms: 






Accessory 


structure §1-102 


Principal structure 


§1-177 


Block 


§1-117 


Street 


§1-190 


Erect 


§1-140 


Structure 


§1-193 


Expand 


§1-141 


Yard 


§1-198 


Lot 


§1-154 






Lot line 


§1-156 






Must 


c/ §1-211 







§7-108. Floor AREA RATIO. 

Floor area ratio requirements, as set forth in this title for each 
subdistrict, determine the maximum floor area allowable, for both 



1061 



Ord. 99-547 1 998- 1 999 SESSION 



principal and accessory structures, in direct ratio to the gross 
area of the lot. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.0-2b. 

In subsection (a) of this section, the reference to a "district" 
has been corrected to "subdistrict", since it is the subdistrict 
level at which bulk regulations are determined. 

Defined terms: 

Accessory structure §1-102 Lot §1-154 

Floor area for FAR of. §1-302 Principal structure § 1 - 1 77 

Floor area ratio §1-145 Structure §1-193 



§ 7-109. Performance standards in M-1 District. 

All uses in an M-1 District, whether permitted, accessory, or 

CONDITIONAL, MUST CONFORM TO THE PERFORMANCE STANDARDS SET FORTH 

IN Title 12 {"Performance Standards"} of this article. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"^ sentence of Article 30, §7.0- la. 

Reference to an "accessory" use is added for clarity, 
correcting an apparent oversight. 

Defined terms: 

Accessory structure §1-102 Use §1-196 

Must c/ §1-211 



Subtitle 2. M-1 Industrial District 
PartL Overview 
§7-201. Design. 

1062 



1 998- 1 999 Session Ord. 99-547 



The M-1 Industrial District is designed to provide areas suitable 

FOR industrial AND RELATED ACTIVITIES THAT REQUIRE, DESERVE, AND 
PROMOTE A RELATIVELY NUISANCE-FREE ENVIRONMENT COMPATIBLE WITH 
AND NOT DETRIMENTAL TO AN ADJOINING BUSINESS OR RESIDENCE DISTRICT. 

Revisor's Note 

This section is new language derived without substantive 
change from the P' sentence of Article 30, §7.1. 

Defined terms: 

Adjoining §1-104 



§ 7-202. Performance standards. 

It is ANTICIPATED THAT AN M-1 DISTRICT MIGHT BE ADJACENT TO BUSINESS 

OR Residence Districts. To promote and maintain the nuisance-free 
characteristics of the permitted uses and their compatbelity with 
any adjoining residence or business district, compliance with the 
performance standards set forth in title 12 {"performance 
Standards"} of this article is required. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"** sentence of Article 30, §7.1. 

Defined terms: 

Adjacent §1-103 Use §1-196 

Adjoining §1-104 



§7-203. Subdistricts. 

The M-1 District is divided into 3 subdistricts for purposes of bulk 
regulations, as set forth in Part in of this subtitle. 

Revisor's Note 

This section is new language derived without substantive 
change from the 3"^ sentence of Article 30, §7.1. 

1063 



Ord. 99-547 1 998- 1 999 Session 

§ 7-204. {Reserved} 

Part 11. Use Regulations 
§ 7-205. General requirements. 

(A) In GENERAL 

In addition to the requirements in Subtitle 1 { "Overview; 
General Requirements"} of this title, uses in an M-1 District are 
subject to the following requirements. 

(B) Uses to be enclosed; exceptions. 

( 1 ) Except as specified in paragraph (2) of this subsection, 
industrial, servicing, manufacturing, processing, and 

storage USES MUST BE LOCATED WITHIN ENCLOSED STRUCTURES. 

(2) This subsection does not apply to off-street parking and 

LOADING. 

(c) Truck parking as accessory use only. 

The parking of trucks is allowed as an accessory use only. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.1 -la. 

Defined terms: 

A ccessory use § 1 - 1 02 Structure § I - 1 93 

Enclosed structure §1-139 Use §1-196 

Must c/ §1-211 



§ 7-206. Permitted uses. 

In an M- 1 District, permitted uses are as follows, subject to 
compliance with the performance standards set forth in Title 12 
{"Performance Standards") of this article: 



064 



1998-1999 Session 



Ord. 99-547 



1 ) Adhesive products : manufacturing. 

2) Artisans' AND CRAFT WORK. 

3) Athletic FIELDS. 

4) Automatic TELLER MACHINES. 

5) Automotive PARTS: MANUFACTURING. 

6) Bakery good goods : manufacturing. 

7) Banks and savings and loan associations. 

8) Beverages: manufacturing. 

9) Bookbinding. 

10) Bottling WORKS. 

11) Boxes: manufacturing. 

12) Brooms or brushes: manufacturing. 

1 3) bus and transit turnarounds and passenger shelters. 

14) Cameras and other photographic equipment: 
manufacturing. 

15) Candy: MANUFACTURING. 

16) Canvas products: manufacturing. 

17) Carpet and rug cleaning establishments. 

1 8) Carpet: manufacturing. 

19) Cereals: manufacturing. 

20) Clothing and other finished products: manufacturing. 

21) Coffee roasting. 

1065 



Ord. 99-547 1 998- 1 999 SESSION 

(22) Communications systems: sales and service, other than 

RETAIL. 

(23) Computer CENTERS. 

(24) CONTRACTOR AND CONSTRUCTION SHOPS. 

(25) Cosmetics: manufacturing. 

(26) Cotton PROCESSING 

(27) Data processi>jg services. (27) {Vacant} 

(28) Die CASTING. 

(29) Drugs: M;\>jufacturing. (29) (Vacant} 

(30) Dry cleaning establishments. 

(3 1 ) Dyeing establishments. 

(32) Electronic components and instruments: manufacturing 

AND assembling. 

(33) Electroplating. 

(34) Employment AGENCIES. 

(35) Extracts, food and flavor: manufacturing. 

(36) Fences: manufacturing. 

(37) Fermented fruits and vegetable products: processing. 

(38) Flammable liquids: manufacturing and storage. 

(39) Flour: manufacturing 

(40) Food products: manufacturing and processing. 

(41 ) Furniture and fixtures: manufacturing. 



066 



1 998- 1 999 Session Ord. 99-547 

(42) Galvanizing 

(43) Gases, non-combustible and non-toxic: manufacturing and 

STORAGE. 

(44) Glass products: manufacturing from previously prepared 
materials. 

(45) Greenhouses. 

(46) Hardware and tools: manufacturing. 

(47) Ice, natural and dry: manufacturing. 

(48) Ice cream : manufacturing. 

(49) Industrial supples: distribution and sales. 

(50) Ink: manufacturing. 

(51) Inked PRODUCTS: manufacturing. 

(52) Instruments, professional, scientific, and controlling: 
manufacturing. 

(53) Jewelry: manufacturing. 

(54) Laboratories: research and testing. 

(55) Laboratory apparatus: manufacturing. 

(56) Leather products: manufacturing. 

(57) Linen, towel, diaper, and similar supply establishments. 

(58) Lithographing. 

(59) Luggage: manufacturing. 

(60) Machinery and machines, household, business, and office: 
manufacturing. 



1067 



Ord. 99-547 1 998- 1 999 SESSION 

(61) Machinery and machines, industrial, new: sales, rental, 

AND service. 

(62) Machines, business and office, new and used : sales, rental, 

AND service. 

(63) Machine shops. 

(64) Machine tools, light: manufacturing. 

(65) Mail order distribution centers. 

(66) Malting. 

(67) Maritime SUPPLIERS. 

(68) Massagetherapists'ofhces. 

(69) Matches: manufacturing. 

(70) Mattresses: manufacturing. 

(71) Medical EQUIPMENT: manufacturing. 

(72) Metal finishing. 

(73) Metal products and machinery, medrjm and ught: 
manufacturing. 

(74) Milk and dairy products: processing and distribution. 

(75) Mirrors: MANUFACTURING. 

(76) Musical instruments, including organs and pianos: 
manufacturing. 

(77) Newsstands. 

(78) Novelty products: manufacturing. 

(79) Optical equipment: manufacturing. 



1068 



1 998- 1 999 Session Ord. 99-547 

(80) Orthopedic and medical appliances: manufacturing. 

(81) Paper products: manufacturing from previously prepared 
materials. 

(82) Perfumes: manufacturing. 

(83) Pharmaceuticals: manufacturing. 

(84) Photography film: manufacturing and processing. 

(85) Plastic products: manufacturing from previously prepared 
materials. 

(86) PousH: manufacturing. 

(87) Printing and pubushing. 

(88) Private PIERS. 

(89) Public utility ser\^ice centers. 

(90) Public transportation uses, as follows: 

(I) Bus and transit passenger stations and terminals. 
(n) Garages and lots for bus and transit vehicles. 

(90) pubuc utility service centers. 

(91) Radio and television antennas and tow-ers. incllt:»ing 
microwa\t antennas (satellite dishes), that extend no more 

TH.AN 25 feet .\B0VE THE BUILDING ON UHICH THEY ARE MOUNTED. 

(92) RaILRO.AJD RIGHTS-OF-WAY AND PASSENGER STATIONS. 

(93) Recording STUDIOS. 

(94) Rope or twine , fibrous: manufacturing. 

(95) Rubber products: manltacturing or processing from 
previously prepared materials. 

1069 



Ord. 99-547 1 998- 1 999 Session 

(96) Rugs: MA>ajFACTURiNG. 

(97) Serums, toxins, and viruses: manufacturing and processing. 

(9 8 ) ShipcH;\>jdlers. (98) {Vacant} 

(99) Shipyards. 

(100) Silverware, plate and sterling: manufacturing. 

(101) Spices: manufacturing and processing. 

(102) Sporting and athletic goods: manufacturing. 

(103) Starch: manufacturing. 

(104) Telephone EXCHANGES. 

(105) Textile mill products: manufacturing and fabrication. 

(106) Tobacco products: manufacturing. 

(107) Toiletries: manufacturing. 

(108) Tool, die, or pattern making shops. 

(109) Toys and games: manufacturing. 

(110) TWDvJE, FIBROUS: MANLTFACTURWG. (110) /VACANT} 

(111) Umbrellas: manufacturing. 

(112) Undertaking establishments and funeral parlors. 

(113) Upholstering shops. 

(114) Warehousing and storage. 

(115) Wax and wax products: manufacturing. 

(116) Wholesale establishments. 

1070 



1 998- 1 999 Session Ord. 99-547 

(117) Window blinds, shades, and awnings: manufacturing. 

(118) Wire: manufacturing. 

(119) Wood products: manufacturing. 

Revisor's Note 

This section is new language derived without substantive 
change from items 1 through 23, 24 through 94, 96 through 
99, 101, and 103 through 117 of Article 30, §7.1-lb (as 
amended by Ord. 98-252). 

In item (12) of this section, "brushes" is added to 
accompany "brooms", and the incongruous listing in former 
§7.2- lb, seemingly permitting brush manufacturing only in 
the M-2 District, is deleted. 

In item (20) of this section, "clothing" is substituted for 
"apparel" for clarity and consistency. 

In item (32) of this section, "assembling" is substituted for 
the redundant "fabrication". 

In item (38) of this section, the former reference to capacity 
limits imposed by the performance standards of Title 12 is 
deleted. See General Revisor's Note to that title. 

Item (49) of this section is reworded to place the key words 
('industrial supplies") first. 

In items (44) and (85) of this section, "manufacturing" is 
added for clarity and consistency. Cf., e.g., items (81) and 
(95). 

In item (62) of this section, a new reference is added to 
"used" machines. Formerly, the sales, rental, and service of 
used business machines was relegated to the M-2 and M-3 
Districts. Given that machine shops, light machine tool 
manufacturing, sales and servicing of new business 
machines, and the like are all permitted in an M-1 District, 
the preclusion of used business machines seems to have 
been an oversight. 

In item (91) of this section, "no more than 25 feet" is 
substituted for "less than 25 feet" to correct the gap that 



071 



Ord. 99-547 1 998- 1 999 Session 



otherwise exists between this provision and §7-207(16) 
(former §7.1-lcl), which requires conditional use approval 
only if the antenna extends "more than 25 feet". 

Item (94) of this section is revised to combine the former, 
separate listings for "rope" and "twine". 

The specific listing for "signs, as regulated by" is deleted as 
unnecessary, given the provisions of §3-309 ("Signs"} and 
Title 11 {"Sign Regulations"} itself. 

Also, the former listing for "confectionary manufacturing" is 
deleted as redundant given the listings for candy and bakery 
goods; the former listing for "data processing services" is 
deleted as unnecessary given the listiing for "computer 
centers" {see Revisor's Note to §6-306); the former listing 
for "drugs" manufacturing is deleted as redundant of the 
listing for "pharmaceuticals" manufacturing; and the former 
listing for "ship chandlers" is deleted as redundant of the 
listing for "maritime suppliers". 

The Review Committee notes that the reference in item (7) 
to "banks and savings and loan associations" might be 
narrower than intended. Technically, for example, neither 
term covers credit unions and, arguably, might not cover the 
type of banking institution known as a "trust company". 



Defined terms: 






A rtisans ' and craft work § 1 - 1 1 2 


Private pier 


§1-178 


Automatic teller machine § 1 - 1 1 3 


Shipyard 


§1-188 


Building §1-121 


Use^ 


§1-196 


Includes; including §1-152 


Wholesale establishment 


§1-197 


Massage therapist 's office § 1 - 1 59 







§ 7-207. Conditional uses — Board approval required. 

In AN M- 1 District, conditional uses that require Board approval 

ARE AS FOLLOWS, SUBJECT TO COMPLIANCE WITH THE PERFORMANCE 
STANDARDS SET FORTH IN TITLE 1 2 { "PERFORMANCE STANDARDS" } OF THIS 
ARTICLE: 

(1) Atomic REACTORS. 

(2) Auction ROOMS. 

1072 



1 998- 1 999 Session Ord. 99-547 

(3) Auditoriums. 

(4) Day nurseries and nursery schools. 

(5) Fire and police stations. 

(6) Hotels and MOTELS. 

(7) Schools, mDusTRL\L tr;\de. 

^ (7) MARINAStI DRY STORAGE (BOATELS). 

W (8} MARINAStI INDUSTRIAL (BOAT REPAIR FACILmES). 

440) {9} MaRINAStI RECREATIONAL. 

fU) (10) MINING7: GRAVEL, SAND, OR OTHER RAW MATERIALS. 

fiO) (11) OFHCEStI BUSINESS AND PROFESSIONAL, OTHER THAN 
ACCESSORY. 

(4^ 02} POSTOFHCES. 

(44) (13) PUBLIC UTILITY SERVICES AND TRANSPORTATION USES, AS 
FOLLOWS: 

(I) Antenna towers, microwave relay towers, and 

SIMILAR INSTALLATIONS FOR COMMUNICATIONS 
TRANSMISSION OR RECEIVING. 

(n) Bus AND TRANSIT PASSENGER STATIONS AND TERMINALS. 

(ffl) Electric distribution centers and substations. 
(rv) Electric power generator stations. 

(V) Helistops. 

(VI) Overhead power transmission tower lines. 
(vn) Radio and television stations and studios. 



1073 



Ord. 99-547 1 998- 1 999 Session 

(vm) Repeater, transformer, pumping, booster, 

SWITCHING, CONDITIONING, AND REGULATING STATIONS, 
AND SIMILAR INSTALLATIONS. 

(DC) Sewerage pumping stations. 

(X) Water filtration plants, reservoirs, and pumping 

STATIONS. 

(i^ (14) Radar installations. 

f4^ (15) Radio and television antennas and towers, including 

MICROWAVE ANTENNAS (SATELLITE DISHES), WHEN FREE-STANDING 
OR WHEN THEY EXTEND HIGHER THAN 25 FEET ABOVE THE BUILDING 
ON WHICH THEY ARE MOUNTED. 

fW) £16} Recreation buildings and community centers. 
^4^ (17) Recreational FAdLiTiES: outdoor. 
(49^ 08) Recycling collection stations. 

(19) Schools: industrial trade. 

(20) Textile mill products: processing and sorting. 

(21) Union Halls. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §§7.1-lc (as amended by Ord. 97- 
143). 

In item (4) of this section, the former reference to "group 
day care centers" is deleted as unnecessary, since they are 
encompassed within "day nurseries", as defined. 

In Item (10) of this section, "mining" is substituted for 
"extraction" to reflect common usage. 



1074 



1 998- 1 999 Session Ord. 99-547 



In item (15) of this section, the phrase "including microwave 
antennas" is added to correct an apparent oversight. Cf. 
counterpart listing in §7-206(90). 

Defined terms: 

Accessory use §1-102 Industrial trade school §1-153 

Board §1-118 Manna §1-157 

Building §1-121 Nursery school §1-168 

Day nursery §1-132 Recreational facility: outdoor §1-180 

He lis top § 1 - 1 49 Recycling collection station § 1 - 1 8 2 

Includes; including § 1 - 1 5 2 Use § 1 - 1 96 



§ 7-208. Conditional uses — ordinance required. 

In AN M-1 District, coNDmoNAL uses that require approval by 
ordinance are as follows, subject to compliance with the 
performance standards set forth in title 12 {"performance 
Standards"} of this article: 

( 1 ) Community correction centers. 

(2) Parking, open off-street areas, other than accessory, for 

the parking of 4 OR MORE MOTOR VEHICLES. 

(3) Planned unit developments: industrial. 

(4) Substance abuse treatment centers. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.1 -Ice. 

In the introductory clause of this section, reference is added 
to required compliance with performance standards for 
clarity and consistency 

Defined terms: 

Accessory use §1-102 Substance abuse ... center §1-194 

Community correction center §1-128 Use §1-196 

Motor vehicle § 1 - 1 62 



1075 



Ord. 99-547 1 998- 1 999 Session 



§7-209. Accessory USES. 

In AN M-1 District, accessory uses and structures include, but are 
not limited to, the following, subject to compliance with the 
performance standards set forth in title 12 {"performance 
Standards" } of this article: 

( 1 ) Amusement devices, as follows: 

(i) no more than 5 amusement devices when used in 
combination with one of the following: 

(A) Billiard OR POOL ROOM. 

(B) Boat Y;\RD/Mi\RiNA. 
(Q £B) Bowling alley. 

(D) (C) Bus, TRAIN, OR BOAT TERMINAL. 

^ (D) Hotel or motel. 

(F) £E} Indoor tennis or racquet club. 

(F) Marina. 

(G) Miniature golf. 
(H) Racetrack. 

(I) Restaurant with alcoholic beverage 

LICENSE. 

(J) Skating rink. 

(K) Social, fraternal or veteran club. 

(L) Swimming POOL. 

(M) Tavern. 



1076 



1 998- 1 999 Session Ord. 99-547 



(n) No MORE THAN 5 AMUSEMENT DEVICES WHEN USED IN 
COMBINATION WITH OTHER USES THAT THE BOARD FINDS, 
AFTER A PUBLIC HEARING, TO BE ENTERTAINMENT, LEISURE, 
OR RECREATION ORIENTED. 

(in) AMUSEMENT DEVICES WHEN USED IN COMBINATION WITH 
USES THAT ARE NOT ENTERTAINMENT, LEISURE, OR 
RECREATION ORIENTED, SUBJECT TO: 

(A) AN AMUSEMENT DEVICE LOCATION PERMIT HAVING 
BEEN OBTAINED UNDER ARTICLE 1 5 OF THE CiTY 

Code; and 

(b) the following limits based on the net floor 
area of the location's interior space 
devoted to the principal use: 

1 . no more than 1 device if the net 
floor area is 600 square feet or 

LESS; AND 

2. NO MORE THAN 2 DEVICES IF THE NET 
FLOOR AREA EXCEEDS 600 SQUARE 
FEET. 

(2) Animal facelities , as follows : 

(I) Dog or cat kennels : private, operated and 

maintained in conformance with the Health Code of 
Baltimore City. 

(n) FACiLmES that house pets and wild animals, as 
permitted under the health code of baltimore 
City. 

(3) Temporary real estate sales ofhces, for the purpose of 
conducting the sale of lots or improvements in the 
development in which the ofhce is located — but only for a 
period not to exceed the duration of active construction 
and for 1 year following. 



1077 



Ord. 99-547 



1998-1999 Session 



(4) Temporary storage of building materials and equipment 

AND temporary STRUCTURES FOR ON-SFTIE CONSTRUCTION 
PURPOSES — BUT ONLY FOR A PERIOD NOT TO EXCEED THE DURATION 
OF ACTIVE CONSTRUCTION. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.1 -Id and items 100, 102, and 
1 1 8 through 1 20 of §7. 1 - 1 b. Although the items from §7. 1 - 
lb were listed among permitted uses, they are really — as 
seen from other, similar listings (e.g., §§4-202 and 5-202) 
— in the nature of accessory uses. Accordingly, they have 
been broken out and placed in this section, for clarity and 
consistency. 

In item (l)(i)(F) of this section, the former reference to a 
"boat yard" (an undefined term that is not otherwise used in 
this article), is deleted as obsolete and, in light of the 
reference to a "marina", as broadly defined in §1-157, 
unnecessary. 

Item (2)(ii) is new language added to conform to the 
otherwise identical listings in other titles for animal 
facilities. 



Deflned terms: 






Accessory use or structure 


§1-102 


Lot 


§1-154 


Amusement device 


§1-110 


Marina 


§1-157 


Board 


§1-118 


Principal use or structure 


§1-177 


City Code 


§1-125 


Structure 


§1-193 


Dog or cat kennel: private 


§1-134 


Use 


§1-196 


Includes; including 


§1-152 







§ 7-210. {Reserved) 

§7-211. {Reserved} 
§7-212. Yards. 
(A) In general 



Part IIL Bulk Regulations 



1078 



1 998- 1 999 Session Ord. 99-547 

The minimum yard requirements in an M-1 District are as 

SPECIFIED in this SECTION. 

(B) Front. 

( 1 ) In an M- 1 - 1 District — at least 30 feet deep. 

(2) In an M- 1 -2 District — at least 20 feet deep. 

(3) In AN M-1 -3 District — none required. 

(c) Interior side. 

None required. However, where an interior side yard is 
provided, it must be at least 10 feet deep unless otherwise 
stated in this section. 

(D) Street CORNER SIDE. 

( 1 ) In an M- 1 - 1 District — at least 1 5 feet deep. 

(2) In an M- 1 -2 District — at least 1 feet deep. 

(3) In AN M- 1 -3 District — none required. 

(E) Rear. 

At LEAST 30 FEET DEEP. 

(F) Along Residence and Office-Residence District boundaries. 

If any part of a side lot line in an M-1 District coincides with a 
side or rear lot line in an adjoining Residence or Ofhce- 
Resbdence District, a minimum 30-foot yard must be provided on 

THE industrial LOT WHEREVER THE LOT LINES SO COINCIDE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.1 -2a. 



1079 



Ord. 99-547 1 998- 1 999 SESSION 

Defined terms: 

Adjoining §1-104 Must c/ §1-211 

Lot §1-154 Yard §1-198 

Lot line §1-156 

§7-213. Floor AREA RATIO. 

(A) In GENERAL 

The maximum floor area ratios in an M-1 District are as 

SPECIFIED in this SECTION. 

(B) M-I-I District. 

(1) General 

The floor area ratio in an M-1-1 District may not exceed 
1.0. 

(2) Height limitations. 

In any event, no structure in an M-1 District may be higher 

than 40 FEET. 

(c) M-1 -2 District. 

The FLOOR area ratio in an M-1 -2 District may not exceed 3.0. 
(D) M-1 -3 District. 

The floor area ratio in an M-1 -3 District may not exceed 6.0. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.1 -2b. 



1080 



1 998- 1 999 Session Ord. 99-547 

Defined terms: 

Floor area for FAR c/ § 1 -302 No... may c/ § 1 -2 1 1 

Floor area ratio §1-145 Structure §1-193 

May not c/ §1-211 

Subtitle 3. M-2 Industrial District 

Part I. Overview 

§ 7-301. Design. 

The M-2 Industrial District is a general industrial district, 
designed for those uses that are not as "heavy" in their 

CHARACTERISTICS AS THOSE PERMITTED IN AN M-3 DISTRICT. 

Revisor's Note 

This section is new language derived without substantive 
change from the T' sentence of Article 30, §7.2. 

Defined terms: 

Use §1-196 



§ 7-302. Basic uses. 

The uses permitted in an M-2 District are those customarily 

REGARDED AS GENERAL MANUFACTURING AND INDUSTRIAL USES. THESE 
USES GENERALLY HAVE MODERATE NUISANCE CHARACTERISTICS ASSOCIATED 
WITH THEIR OPERATION. THE USES PERMITTED ARE MUTUALLY COMPATIBLE 

and compatible with the character of a general industrial area. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"^ through 4'^ sentences of Article 30, §7.2. 

Defined terms: 

Use §1-196 



1081 



Ord. 99-547 1 998- 1 999 Session 

§ 7-303. Additional industrial uses. 

(a) Purpose. 

( 1 ) It IS RECOGNIZED THAT IN EVERY "HEAVY" INDUSTRY CUSTOMARILY 
IDENTIFIED WITH NUISANCE-PRODUCING CHARACTERISTICS (AND, 
THEREFORE, RELEGATED TO THE M-3 DISTRICT), INDIVIDUAL PLANTS 
MIGHT BE SO CAREFULLY OPERATED AS TO BE COMPATIBLE WITH AND 
NOT DETRIMENTAL TO THE USES PERMITTED IN THIS M-2 DISTRICT. 

(2) For THIS REASON, CERTAIN USES PERMITTED IN THE M-3 DISTRICT, 
BUT NOT EXPRESSLY ALLOWED IN THE M-2 DISTRICT, MAY BE 
ALLOWED AS AN ADDITIONAL INDUSTRIAL USE IN THE M-2 DISTRICT, 
IN PARTICULAR INSTANCES. 

(B) Status as permftted use. 

( 1 ) Any ADDITIONAL INDUSTRIAL USE ESTABLISHED IN THE M-2 

District in accordance with this subtitle is considered to be 
a permitted use in the m-2 district. 

(2) a use that was lawfully existing in an m-2 district on april 
20, 197 1 , but is now allowed only as an additional 
industrial use^ is considered to be a permitted use in the m-2 
District. However, any expansion of that use must comply 

WITH THE additional INDUSTRIAL USE STANDARDS OF THIS 

subtitle. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.0- le, the 2"*^ sentence of §7.0- lb. 
and the 5"^ and 6^ sentences of §7.2. 

The former reference to required compatibility with M-2 
uses is deleted as unnecessary given the provisions in §7- 
309(d) of this subtitle to the same effect. 

In subsection (b)(2) of this section, former references to an 
"extension", "enlargement", or "addition" are deleted as 
unnecessary in light of the definition of "expan[sion]" to the 
same effect. 



1082 



I 



1 998- 1 999 Session Ord. 99-547 



Defined terms: 

Expand §1-141 Must c/ §1-211 

May c/ §1-211 Use §1-196 



§ 7-304. SUBDISTRICTS. 

The M-2 District is divided into 4 subdistricts for purposes of bulk 
regulations, as set forth in part hi of this subtitle. 

Revisor's Note 

This section is new language derived without substantive 
change from the 7* sentence of Article 30, §7.2. 

Part 11. Use Regulations 
§7-305. General REQUIREMENTS. 

(A) In GENERAL. 

In ADDITION TO THE REQUIREMENTS IN SUBTITLE 1 {"OVERVIEW; 

General Requirements" } of this title, uses in an M-2 District are 
subject to the following requirements. 

(B) Uses to be enclosed or screened; exceptions. 

( 1 ) Except as specified in paragraph (2) of this subsection, 
industrial, servicing, manufacturing, processing, and 
storage uses located within 200 feet and visible from 

GROUND LEVEL OF A RESIDENCE OR OFHCE-RESIDENCE DISTRICT 
MUST BE: 

(I) LOCATED WITHIN ENCLOSED STRUCTURES; OR 

(D) EFFECTIVELY SCREENED BY: 

(A) A WALL, FENCE, OR OTHER SUBSTANTIALLY 

EQUIVALENT STRUCTURE, AT LEAST 6 FEET HIGH; 
OR 



1083 



Ord. 99-547 1 998- 1 999 SESSION 



(b) a terrain or landscaping feature 
functioning as an effective screen. 

(2) This subsection does not apply to off-street parking and 

LOADING. 

Revisor's Note 

This section is new language derived without substantive 
change from Aiticle 30, §7.2- la. 

Defined terms: 

Enclosed structure §1-139 Structure §1-193 

Must c/ §1-211 Use §1-196 



§7-306. Permitted USES. 

In an M-2 District, permitted uses are as follows: 

( 1 ) As in AN M- 1 District, except that they need not comply 

WITH THE performance STANDARDS IN TITLE 12 {"PERFORMANCE 

Standards"} of this article. 

(2) Aircraft: manufacturing. 

(3) automobiles: manufacturing and fabrication. 

(4) batteries: manufacturing and rebuilding. 

(5) Batteries and tires: sales and service. 

(6) beer AND ALE: Brewing. 

(7) Blueprinting and photostating establishments. 

(8) Bottles: MANUFACTURING. 

(9) BUELDING AND LUMBER MATERIAL SALES ESTABLISHMENTS WITH 
SHOPS AND YARDS. 

(10) Car WASHES. 

1084 



1 998- 1 999 Session Ord. 99-547 

1 1 ) Carry-out food shops. 

12) Catering establishments, food. 

13) Check cashing agencies. 

14) Chemical apparatus: manufacturing. 

15) Cinder and cinder blocks: manufacturing. 

16) Clinics: medical AND DENTAL. 

17) Clubs and lodges: nonprofit. 

18) Coal YARDS. 

19) Concrete and concrete products: manufacturing. 

20) Contractor and construction shops and yards. 

21) Cork products: manufacturing and processing. 

22) Electrical appliances, including lamp bulbs and fdctures: 
manufacturing and assembling. 

23) Fire and police stations. 

24) Flammable liquids: manufacturing and storage. 

25) Food commissaries. 

26) P^UEL and ice sales. 

27) Furs and leather: processing. 

28) Garages for storage, repair, and servicing of motor 
vehicles. 

29) Gelatin and casein: manufacturing. 

30) Glass: manufacturing. 



1085 



Ord. 99-547 1 998- 1 999 SESSION 

(3 1 ) Highway maintenance shops and yards. 

(32) Hiring halls and work distribution centers. 

(33) Insulating materials: manufacturing. 

(34) Laundries. 

(35) Lumberyards. 

(36) MaCHI>JES, business and office, USED: S;\LES, RENTVL ;\ND 

service. (36) {Vacant} 

(37) Monument WORKS. 

(38) Motorcycles and SIMILAR motorized VEHICLES: J 
manufacturing and assembling. ' 

(39) Motor vehicle rental establishments. 

(40) Moving and storage establishments. 

(41) Packing houses. FOOD. 

(42) Parcel collection and delivery stations. 

(444 £43} Parking, off-street garages, other than accessory, 

FOR THE parking OF 4 OR MORE MOTOR VEHICLES. 

(42) (44) Parking, open off-street areas, other than accessory, 
for the parking of 4 or more motor vehicles. 

(A3) Packi>jg houses, food. 

(AA) Parcel collection and delivery stations. 

(45) Photocopying SERVICES. 

(46) Photoengraving. 

(47) Photographers. 



086 



1 998- 1 999 Session Ord. 99-547 

(48) Pickling, METAL. 

(49) Plumbing, heating, and electrical equipment showrooms 
and shops 

(50) Porcelain ENAMEL PRODUCTS: manufacturing. 

(51) Porcelain enamels and glazes: manufacturing 

(52) POSTOFHCES. 

(53) Pottery and chinaware: manufacturing. 

(54) Public utility services and transportation uses, as 

FOLLOWS: 

(I) Antenna towers, microwave relay towers, and 

SIMILAR installations FOR COMMUNICATIONS 
transmission or RECEIVING. 

(n) Bus AND TRANSIT PASSENGER STATIONS AND TERMINALS. 

(in) Electric distribution centers and substations. 

(IV) Garages and lots for bus and transit vehicles. 

(V) Marine TERMINALS: freight. 

(VI) Motor freight terminals. 

(vn) Railroad freight terminals, piggy-back terminals, 

SWITCHING AND CLASSDFICATION YARDS, REPAIR SHOPS, 
AND ROUNDHOUSES. 

(vffl) Repeater, transformer, pumping, boostier, 

SWITCHING, conditioning, AND REGULATING STATIONS, 
AND SIMILAR INSTALLATIONS. 

(DC) Sewerage pumping stations. 

(X) Water filtration plants, reservoirs, and pumping 
stations. 



1087 



Ord. 99-547 1 998- 1 999 Session 

(55) Radio and television antennas and towers, including 
microwave antennas (satellite dishes), when free-standing 
or when they extend higher than 25 feet above the buex>ing 
on which they are mounted. 

(56) Restaurants and lunchrooms lunch rooms — but not 
including live entertainment or dancing. 

(57) Salt: manufacturing and processing. 

(58) Sawmills and planing mills. 

(59) Schools: commercial. 

(60) Schools: trade. 

(61) Ship cha>jdlers. (61) /Vacant} 

(62) Signs: manufacturing, sales, and service. 

(63) SoDRjM compounds: manufacturing and processing. 

(64) Statuary: production. 

(65) Stone CUTTING. 

(66) Stone, synthetic: manufacturing. 

(67) Sugar refineries. 

(68) Taverns — but not including live entertainment or 
dancing. 

(69) Terra cotta: manufacturing. 

(70) Tiles: manufacturing. 

(7 1 ) Tire manufacturing — but no open storage of tires or tire 
products wiTHir>i 200 feet of a residence district. 



1088 



1 998- 1 999 Session Ord. 99-547 

(72) Tire retreading and recapping establishments — but no open 
storage of tires or tire products within 200 feet of a 

residence DISTRICT. 

(73) Trailers: manufacturing. 

(74) TRUCKS: MANUFACTURING AND fabrication. 

(75) Trucks and truck trailers: sales and rental. 

(76) Union halls. 

(77) Vending machines for retail sale of ice or milk. 

(78) Welding shops. 

(79) Wool: processing. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.2- lb. 

In items (22) and (38) of this section, "assembling" is 
substituted for the redundant "fabricating". 

In item (24) of this section, the former reference to capacity 
limits imposed by the performance standards of Title 12 is 
deleted. See General Revisor's Note to that title. 

The former listing for "brush manufacturing" is deleted here 
and coupled with the listing in §7-206 for "broom 
manufacturing". 

The former listing for the sale, etc., of used business 
machines is deleted given the revision of §7-206 to include 
this use in an M-1 District. See Revisor's Note to that 
section. 

The former listings for "private piers" and "shipyards" are 
deleted as redundant. These are permitted uses in the M-1 
District and, therefore, covered by item (1) of this section. 



1089 



I 



Ord. 99-547 1 998- 1 999 Session 



The former listing for "ship chandlers" is deleted. See 
Reviser's Note to §7-206. 

Defined terms: 

Accessory use or structure § 1 - 1 02 Includes; including § 1 - 1 52 

Automobile §1-114 Motor vehicle §1-162 

Building §1-121 Nonprofit §1-167 

Car wash §1-123 Sign §1-189 

Clinic: medical or dental § 1 - 1 26 Use § 1 - 1 96 



§ 7-307. Conditional uses — Board approval required. 

In an M-2 District, conditional uses that require Board approval 
are as follows: 

( 1 ) As IN AN M- 1 District (unless ms a permitted use under § 7- 
306), except that: 

(1) the¥ those uses need not comply with the 

performance standards in title 12 {"performance 
Standards"} of this article : and 

(n) THE following uses allowed in an M-1 District are 

NOT ALLOWED IN AN M-2 DISTRICT: 

L Marinas: recreational; 

Z Schools: industrial trade; and 

3^ Textile mill products: processing and 
sorting . 

(2) Animal hospitals. 

(3) Gases, combustible or toxic: manufacturing and storage. 

(4) Gasoline service stations. 

(5) Marine terminals: passenger. 



1090 



I 



1 998- 1 999 Session Ord. 99-547 



(6) Open storage of tires or tire products as a principal or 
accessory use within 200 feet of a residence district. 

(7) Public utility services and transportation uses, as follows: 

(I) Heliports. 

(n) Petroleum distribution pumping or valve 
substations and rights-of-way. 

(8) Recyclable materials recovery FACiLmES, with outdoor 
storage of materials — but only if the facility IS 
effectively screened by a durable fence or landscaping. 

(9) Restaurants and lunchrooms lunch rooms — including live 
entertainment and dancing — but only if located at least 
500 feet from a residence district. 

(10) Rock CRUSHING. 

(11) Stables FOR HORSES. 

(12) Taverns — including live entertainment and dancing — but 

ONLY if located AT LEAST 500 FEET FROM A RESIDENCE DISTRICT. 

( 1 3) Waste disposal (except garbage) for land fill and land 
reclamation. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.2- Ic (as amended by Ord. 97- 
215). 

In item (1) of this section, conforming to the pattern used for 
the other types of uses, a cross-reference is substituted for 
formerly listed items that merely duplicated those listed in 
the M-1 District. Three uses listed for the M-1 District, 
however, were not among those listed for the M-2 District; 
accordingly, they are expressly excepted in item (1). 

In item (6) of this section, "principal ... use" is substituted 
for "primary ... use" to correct an error in usage. 



1091 



Ord. 99-547 1 998- 1 999 Session 


Defined terms: 




Accessory- use § 1 - 1 02 


Marina 


Board §1-118 


Principal use 


Gasoline service station § 1 - 1 46 


Recyclable ...facility 


Heliport §1-148 


Use 



§1-157 
§1-177 
§1-181 
§1-196 
Includes: including §1-152 

§ 7-308. Conditional uses — ordinance required. 

In an M-2 District, conditional uses that require approval by 
ordinance are as follows: 

( 1 ) As IN AN M- 1 District (unless ms a permitted use under § 7- 
306), except that they need not comply with the 
performance standards in title 12 {"performance 
Standards"} of this article. 

(2) Penal and correctional institutions. 

(3) Service and housing centers. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.2- Ice. 

In item (1) of this section, conforming to the pattern used for 
the other types of uses, a cross-reference is substituted for 
formerly listed items that merely duplicated those listed in 
the M-1 District. 

Defined terms: 

Service and housing center § 1 - 1 87 Use § 1 - 1 96 

§ 7-309. Additional industrial uses. 

(A) In GENERAL 



1092 



1 998- 1 999 Session Ord. 99-547 

Except as specified in subsection (b) of this section, uses not 
otherwise allowed in an m-2 industrial district under this 
subtitle, but which are permitted uses dsf an m-3 industrial 
district, may be authorized as additional industrial uses in 
accordance with this section. 

(B) Excluded uses. 

The following M-3 uses (which are customarily identified with 
"heavy" nuisance-producing characteristics) are not allowed 
as additional industrial uses in an m-2 district: 

(1) abattoirs. 

(2) Animal byproducts (not for human consumption): 
processing. 

(3) ASPHALTIC MIX PLANTS. 

(4) Bituminous products: processing. 

(5) Fertilizer: manufacturing and processing. 

(6) Fish: processing. 

(7) Offal: processing. 

(8) Ore: handling and storage. 

(9) Stockyards. 

(10) Tar: MANUFACTURING. 

(c) Rules and regulations — Board to adopt. 

The Board is to adopt rules and regulations governing 
additional industrial uses in an m-2 industrial district. 

(D) Rules and regulations —design and scope. 

The rules and regulations must: 



1093 



Ord. 99-547 1 998- 1 999 Session 



( 1 ) BE DESIGNED TO PROMOTE COMPATIBILITY OF A PROPOSED 
ADDITIONAL INDUSTRIAL USE WITH THE GENERAL CHARACTER 

OF AN M-2 District and the uses permitted in an M-2 

DISTRICT; and 

(2) INCLUDE STANDARDS AND REGULATIONS PERTAINING TO: 

(I) NOISE OF OPERATION ; 

(n) EARTHBORNE VIBRATION OF OPERATION; 

(ra) EMISSION OF SMOKE AND PARTICULATE MATTER; 

(IV) EMISSION AND CREATION OF TOXIC MATTER AND 
ODOROUS MATHER; AND 

(V) GLARE AND DIRECT ILLUMINATION. 

(E) Rules and regulations — administration. 

The Zoning Administrator administers and enforces the rules 

.AND regulations ADOPTED BY THE BOARD UNDER THIS SECTION. 

(F) Authorization FOR ADDFTiONAL INDUSTRIAL use. 

( 1 ) to establish an additional industrial use in an m-2 district, 
a person must submit to the zoning administrator: 

(i) an application for a zoning authorization under 
Title 2, Subtitle 3 {"Zoning Authorizations"} of this 
article; and 

(n) evidence and information reasonably sufficient to 
enable the zoning administrator to determine 
whether the proposed additional industrial use 
complies with the board's rules and regulations. 

(2) The PROCEDURES TO BE FOLLOWED BY THE APPLICANT AND THE 

zoning administrator are as provided in § 2-304 

{ "Compliance with performance standards" } of this article. 



1094 



1 998- 1 999 Session Ord. 99-547 



(3) The applicant must promptly deliver any additional 
relevant information that the zoning administrator 
requests. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.2- Id. 

In subsection (b) of this section, the former exclusion of 
"shipyards" is deleted as obsolete, inasmuch as shipyards are 
now permitted uses in both the M-1 and M-2 Districts. 

In subsection (d)(2) of this section, which echoes the 
categories of performance standards established in Title 12 
of this article, the former reference to the "storage ... of 
flammable and explosive matter" is deleted. See General 
Revisor's Note to Title 12. 

Defined terms: 

Board §1-118 Must c/ §1-211 

Includes; including §1-152 Person §1-174 

May c/ §1-211 Use §1-196 



§ 7-310. Accessory uses. 

In an M-2 District, accessory uses and structures are the same as 

THOSE in AN M-1 DISTRICT, EXCEPT THAT THEY NEED NOT COMPLY WITH THE 
PERFORMANCE STANDARDS IN TITLE 12 {"PERFORMANCE STANDARDS"} OF 
THIS ARTICLE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.2- le and the introductory clause 
of§7.2-lb. 

Conforming to the pattern used for the other types of uses, a 
cross-reference is substituted for formerly listed items that 
merely duplicated those listed in the M-1 District. 



1095 



Ord. 99-547 


1998-1999 Session 


Defined terms: 




Accessory use or structure 


§1-102 


Use 


Structure 


§1-193 






PartIIL 


Bulk Regulations 


§7-311. {Reserved} 






§ 7-312. Yards. 






(A) In GENERAL 







§1-196 



The minimum yard requirements in an M-2 District are as 

SPECIFIED in this SECTION. 

(B) Front. 

( 1 ) In AN M-2- 1 District — at least 30 feet deep. 

(2) In an M-2- 1 S District — at least 1 feet deep. 

(3) In an M-2-2 District — at least 20 feet deep. 

(4) In an M-2-3 District — none required. 

(C) iKTERIOR side. 

None required. However, where an interior side yard is 
provided, it must at least 10 feet deep unless otherwise stated 
in this section. 

(D) Street CORNER SIDE. 

( 1 ) In AN M-2- 1 District — at least 1 5 feet deep. 

(2) In an M-2- 1 S District — at least 1 feet deep. 

(3) In an M-2-2 District — at least 10 feet deep. 

(4) In an M-2-3 District — none required. 

1096 



1 998- 1 999 Session Ord. 99-547 

(E) Rear. 

( 1 ) In AN M-2- 1 District — at least 30 feet deep. 

(2) In an M-2- 1 S District — at least 30 feet deep. 

(3) In an M-2-2 District — at least 30 feet deep. 

(4) In an M-2-3 District — none required. 

(f) Along Residence and Office-Residence District boundaries. 

If any part of a side lot line in an M-2 District coincides with a 
side or rear lot line in an adjoining Residence or Ofrce- 
Residence District, a minimum 20-foot yard must be provided on 

THE industrial LOT WHEREVER THE LOT LINES SO COINCIDE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.2-2a. 

Defined terms: 

Adjoining §1-104 Must c/ §1-211 

Lot §1-154 Yard §1-198 

Lot line §1-156 

§ 7-313. Floor area ratio. 

(A) In GENERAL 

The maximum floor area ratios in an M-2 District are as 

SPECIFIED IN this SECTION. 

(B) M-2-1 District. 

The FLOOR area ratio in an M-2-1 District may not exceed 2.0. 
(c) M-2-1 S District. 

The floor area ratio in an M-2- 1 S District may not exceed 2.0. 

1097 



Ord. 99-547 1 998- 1 999 Session 

(D) M-2-2 District. 

The floor area ratio in an M-2-2 District may not exceed 5.0. 

(E) M-2-3 District. 

The floor area ratio in an M-2-3 District may not exceed 8.0. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.2-2b. 

Deflned terms: 

Floor area for FAR cf. §1-302 May not cf. §1-21 1 

Floor area ratio § 1 - 1 45 

Subtitle 4. M-S Industrial District 

Part I. Overview 

§ 7-401. Design. 

The M-3 Industrial District is designed for industrial, 
manufacturing, and related activities generally known and 
described as "heavy industry". 

Revisor's Note 

This section is new language derived without substantive 
change from the T' sentence of Article 30, §7.3. 

§ 7-402. Basic uses; locations. 

Although M- 1 and M-2 uses are permitted in this district, it is 
anticipated that the great majority of uses to be established in an 
M-3 District are those not permitted in M-1 and M-2 Districts. 
Accordingly, this district is primarily for those areas located deep 
within the industrial portions of the City, usually but not 

necessarily adjacent to the harbor and major railroad FACILmES. 



1098 



1 998- 1 999 Session Ord. 99-547 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"** and 3"* sentences of Article 30, §7.3. 

Defined terms: 

Adjacent §1-103 Use §1-196 

7-403. {Reserved} 
7-404. {Reserved} 

Part II. Use Regulations 
7-405. General REQUIREMENTS. 

(A) In GENERAL 

In addition to the requirements in Subtitle 1 {"Overview; 
General Requirements"} of this title, uses in an M-3 District are 

SUBJECT TO THE FOLLOWING REQUIREMENTS. 

(B) Uses to be enclosed or screened; exceptions. 

( 1 ) Except as specified in paragraph (2) of this subsection, 
industrial, servicing, manufacturing, processing, and 
storage uses located within 200 feet and visible from 

GROUND LEVEL OF A RESIDENCE OR OFHCE-RESIDENCE DISTRICT 
MUST BE: 

(I) LOCATED WITHIN ENCLOSED STRUCTURES ; OR 

(n) EFFECTIVELY SCREENED BY: 

(A) A WALL, FENCE, OR OTHER SUBSTANTIALLY 
EQUIVALENT STRUCTURE, AT LEAST 6 FEET HIGH; 
OR 

(B) A TERRAIN OR LANDSCAPING FEATURE 
FUNCTIONING AS AN EFFECTIVE SCREEN. 



1099 



Ord. 99-547 1 998- 1 999 Session 



(2) This subsection does not apply to off-street parking and 

UD ADING. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.3- la. 

Defined terms: 

Enclosed structure §1-139 Structure §1-193 

Must c/ §1-211 Use §1-196 



§7-406. Permitted USES. 

In an M-3 District, permitted uses are as foujOws: 

(1) As in AN M-2 District. 

(2) Abattoirs. 

(3) Abrasives: manufacturing. 

(4) Acids: manufacturing. 

(5) Alcohol distillation. 

(6) alkalies: manufacturing. 

(7) Ammonia: MANUFACTURING. 

(8) Animal byproducts (not for human consumption): 
processing. 

(9) Asbestos products: manufacturing. 

(10) ASPHALTIC MDC plants. 

(11) Bituminous products: processing. 

(12) Bleacheries. 



1100 



1 998- 1 999 Session Ord. 99-547 

13) boe-er works. 

14) Bone DISTILLATION. 

1 5) Bone and ivory products: processing. 

16) Bricks: manufacturing. 

17) Carbon black or lampblack : manufacturing. 

18) Cellulose: manufacturing. 

19) Cement: manufacturing. 

20) Charcoal: manufacturing. 

21) Charcoal PRODUCTS: processing. 

22) Chemicals and allied products: manufacturing. 

23) Clay and clay products: manufacturing. 

24) Coal distillation. 

25) Coatings, protective: manufacturing and processing. 

26) Detergent: manufacturing. 

27) Excelsior and other packing materials: manufacturing and 
storage. 

28) Fats: rendering. 

29) Feed: manufacturing and processing. 

30) Fertilizer: manufacturing and processing. 

31) Fish: processing. 

32) Flammable liquids: manufacturi>jg and storage. 



1101 



Ord. 99-547 1 998- 1 999 SESSION 

(32) {Vacant} 

(33) Floor covering other than carpeting: manufacturing. 

(34) Foundries, ferrous and non-ferrous. 

(35) Fungicides: manufacturing a>jd processi>jg. (35) {Vacant} 

(36) Glue and sizing: manufacturing. 

(37) Grain elevators and grain storage. 

(38) Grain milling. 

(39) Graphite and graphite products: manufacturing. 

(40) Grease and tallow: manufacturing and processing. 

(4 1 ) Gypsum and other forms of plaster base: manufacturing. 

(42) Hair, feathers, and felt: processing and derivative 
products. 

(43) Hides: processing. 

(11) Insecticides: manufacturing. (44) {Vacant} 

(45) Insulators, porcelain: manufacturing. 

(46) Jute, hemp, sisal, and oakum products: manufacturing. 
(17) Lamp BLi\CK: Mi\NUFACTURiNG. (47) {Vacant} 

(48) Leather TANNING. 

(49) Machinery and machines, industrial, used: sales, rental, 

AND service. 

(50) Metal products and machinery, heavy: manufacturing — 

INCLUDING: 



1102 



1 998- 1 999 Session Ord. 99-547 

(i) construction, mining, and materials-handling 
machinery and equipment; 

(n) farm machinery and equipment; 

(ffl) INDUSTRIAL MACHINERY AND EQUIPMENT; 

(IV) LOCOMOTIVES; 

(V) RAILROAD CARS; AND 

(vi) tractors. 
(5 1 ) Metal stamping and extrusion. 
(^ (52) Metals, ferrous and non-ferrous: manufactured from 

RAW materials. 

(S3> (53) Metals: smelting and refining. 

(53) Metal stamping i\>JD extrusion. 

(54) Offal: processing. 

(55) Oe^ and fats, animal and vegetable: manufacturing and 
processing. 

(56) Ore: handling and storage. 

(57) Ore reduction. 

(58) Paints, pigments, enamels, japans, lacquers, shellac, 
whiting, putty, wood filler, turpentine, and varnishes: 
manufacturing. 

(59) Paper: manufacturing. 

(60) Paraffin: manufacturing and processing. 

(61) Pesticides and fungicides: manufacturing and processing. 



1103 



Ord. 99-547 1 998- 1 999 Session 

(44^ £62} Petroleum products: manufacturing and processing. 

{63H63} Petroleum and related industries: refining. 

{6^ (64) Plastics: manufacturing and reclaiming. 

(M) (65) Public utility services and transportation uses, as 

FOLLOWS: 

(I) Gas manufacturing and storage. 

(II) Petroleum distribution pumping or valve 

SUBSTATIONS AND RIGHTS-OF-WAY. 

(65) (66) Pulp: manufacturing. 

(66) (67) Pyroxylin: manufacturing and storage. 

(67) (68) Roofing MATERIALS: manufacturing. 

(68) (69) Rubber, caoutchouc, and gutta-percha: 
manufacturing or and processing. 

(69) (70) Soaps: manufacturing. 
f?0) (71) Solvents: distillation. 
g4^ (72) Stables for horses. 
(73) (73) Steel fabricating shops. 
(7^ (74) Stock yards. 

f?4) (75) Tar: manufacturing. 

f?^ (76) Tire manufacturing — including open storage of tires 
or tire products. 

(76) (77) Tire retreading and recapping establishments — 
including open storage of tires or tire products. 



104 



1 998- 1 999 Session Ord. 99-547 

fW> (78) ViNfEGAR: MANUFACTURING. 

f78) (79} Wood: distillation. 

f?9) (80} Wood treating by creosote or other preservatives. 

(80) (81) Yeast: manufacturing. 

(84) (82} Manufacturing, processing, fabrication, and storage 
uses other than those specefically listed above — unless 
otherwise prohibited by § 3-107 {"prohibited uses — storage, 
etc., of vehicles" } of this article. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.3- lb. 

In item (1) of this section, the former reference to M-1 
permitted uses is deleted as unnecessary given the reference 
to M-2 permitted uses, which in turn incorporate M-1 uses. 

Item (17) of this section is revised to combine the former, 
separate listings for "carbon black" and "lampblack". 

In the introductory clause of item (50) of this section, the 
phrase "but not limited to" is deleted as unnecessary given 
the definition of "including" to the same effect. 

In item (50)(iii) of this section, a reference to "equipment" is 
added for clarity and consistency with the other listings in 
that item 

In item (52) of this section, "manufactured" is added for 
clarity and consistency with similar listings elsewhere. 

Item (61) of this section is revised to combine the former, 
separate listings for "fungicides" and "insecticides". 

The former listing for "flammable liquids" is deleted as 
redundant. This is a permitted use in the M-2 District and, 
therefore, covered by item (1) of this section. 



1105 



Ord. 99-547 1 998- 1 999 SESSION 

The former listing for "shipyards" is deleted as redundant. 
This is a permitted use in the M-1 and M-2 Districts and, 
therefore, covered by item (1) of this section. 

Defined terms: 

Includes: including § 1 - 1 52 Use § 1 - 1 96 

§ 7-407. Conditional uses — Board approval required. 

In an M-3 District, conditional uses that require Board approval 
are as follows: 

( 1 ) As IN AN M-2 District (unless ms a PERMnrED use under § 7- 
406). 

(2) Arsenals. 

(3) Automobile dismantling or scrapping. 

(4) Automotive testing grounds. 

(5) Boats less than 65 feet long: manufacturing and repairing 
with sales. 

(6) Explosives: manufacturing and storage. 

(7) Junk or scrap storage and yards. 

(8) Marine TERMINALS: PASSENGER. 

(9) Radioactive WASTE HANDLING. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.3- Ic. 

Defined terms: 

Automobile §1-114 Use §1-196 

Board §1-118 



1106 



1 998- 1 999 Session Ord. 99-547 



§ 7-408. Conditional uses — ordinance required. 

In an M-3 District, conditional uses that require approval by 
ordinance are as follows: 

( 1 ) As IN AN M- 1 District (unless ms a permitted use under § 7- 

406), EXCEPT THAT THEY NEED NOT COMPLY WITH THE 

performance standards in title 12 {"performance 
Standards"} of this article. 

(2) Hazardous material (as defined in § 7- 1 1 of the State 
Environment Article): handling and storage. 

(3) Incinerators: commercial or municipal. 

(4) Penal and correctional institutions. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §§7.3- Ice and 13.0-2-42c. 

In item (1) of this section, conforming to the pattern used for 
the other types of uses, a cross-reference is substituted for 
formerly listed items that merely duplicated those listed in 
the M-1 District. 

In item (3) of this section, the former reference to the 
incinerators having been "established after July 1, 1987" is 
deleted as obsolete. 

Defined terms: 

Use §1-196 



§ 7-409. Accessory uses. 

In an M-3 District, accessory uses and structures are the same as 
those in an M-l District, except that they need not comply with the 
performance standards in Title 12 {"Performance Standards"} of 
this article. 



1107 



Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.3- le and the introductory clause 
of§7.3-lb. 

Conforming to the pattern used for the other types of uses, a 
cross-reference is substituted for formerly listed items that 
merely duplicated those listed in the M-1 District. 

Deflned terms: 

Accessory use or structure § 1 - 1 02 Use § 1 - 1 96 

Structure §1-193 



§ 7-410. {Reserved} 

§7-411. {Reserved} 
§ 7-412. Yards. 

(A) In GENERAL 



Part III. Bulk Regulations 



The minimum yard requirements in an M-3 District are as 

SPECIFIED IN this SECTION. 

(B) Front. 

At least 10 FEET DEEP. 

(c) Interior SIDE. 

None required. However, where an interior side yard is 

PROVIDED, IT must BE AT LEAST 10 FEET DEEP UNLESS OTHERWISE 
stated cm THIS SECTION. 

(D) Street CORNER SIDE. 

At least 1 FEET DEEP. 



1108 



1 998- 1 999 Session Ord. 99-547 

(E) Rear. 

None required unless otherwise stated in this section. 

(F) Along Residence and Office-Residence District boundaries. 

If any part of a side or rear lot line in an M-3 District coincides 
with a side or rear lot in an adjoining Residence or Ofhce- 
Residence District, a minimum 10-foot yard must be provided on 

THE INDUSTRIAL LOT WHEREVER THE LOT LINES SO COINCIDE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.3-2a. 

Defined terms: 

Adjoining §1-104 Must c/ §1-211 

Lot §1-154 Yard §1-198 

Lot line §1-156 

§ 7-413. Floor area ratio. 

The floor area ratio in an M-3 District may not exceed 6.0. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.3-2b. 

Defined terms: 

Floor area for FAR cf. § 1-302 May not c/ § 1-21 1 

Floor area ratio §1-145 

General Revisor's Note to subtitle 

In revising this subtitle, former Article 30, §7.3- Id 
("Additional industrial uses") is deleted as unnecessary. It 
has nothing to do with M-3 Districts and, as to M-2 



1109 



Ord. 99-547 1 998- 1 999 Session 



Districts, it says nothing that isn't already covered by the provisions of 
Subtitle 3. 

Titles 
Overlay Districts 

Subtitle 1. Pubuc Use Overlay Districts 

Part I. Definitions; Overview 

§ 8-101. "Governmental use" defined. 

In this subtuue, "governmental use" means any of the following, 
publicly owned FACELrriES: 

( 1 ) educational and cultural FAdLITIES, SUCH AS SCHOOLS, 
libraries, and MUSEUMS; 

(2) recreational FAdLITIES, SUCH AS PARKS, ATHLETIC FIELDS, AND 
RECREATION BUILDINGS; 

(3) SERVICE FAdLITIES, SUCH AS FIRE AND POLICE STATIONS, WATER 
FILTRATION PLANTS, LANDFEXS, AND PUMPING STATIONS; AND 

(4) HEALTH SERVICE FAdLITIES. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-41. 

Deflned terms: 

Building §1-121 

§ 8-102. Design. 

The PUBLIC use district CLASSIRCATION is designed to DESIGNATE THOSE 
PARCELS THAT ARE OWNED BY THE CiTY, THE STATE, OR THE FEDERAL 
GOVERNMENT AND ON WHICH SOME GOVERNMENTAL USE EITHER EXISTS OR IS 
CONTEMPLATED, SUCH AS A SCHOOL OR PARK. THE INTENT IS TO CLEARLY 
DEFINE AREAS OF PUBLIC OWNERSHIP AND PROVIDE A FORMAL METHOD OF 

1110 



1 998- 1 999 Session Ord. 99-547 



PUBUC NOTinCATION FOR EITHER ACQUISITION OR SALE OF THESE 
PROPERTIES. 

Revisor's Note 

This section is new language derived without substantive 
change from the P' and 3"* sentences of the introductory 
paragraph to Chapter 3 A of Article 30. 

Defined terms: 

Governmental use § 8 - 1 1 



§ 8-103. Council approval required. 

These districts must be approved as such by an amendment to this 

ARTICLE. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2^ sentence of the introductory paragraph 
to Chapter 3A of Article 30. 

Defined terms: 

Must c/ §1-211 



§ 8-104. Classification. 

Properties so classified retain their existing zoning classification 

WITH THE addition OF THE SUFFDC "P". 

Re VISOR'S Note 

This section is new language derived without substantive 
change from the 4^^ sentence of the introductory paragraph 
to Chapter 3A of Article 30. 



§ 8-105. {Reserved} 
§ 8-106. {Reserved} 



nil 



Ord. 99-547 1 998- 1 999 SESSION 

Part II. General Requirements 

§8-107. In GENERAL. 

In addition to the general provisions of Title 3 {"General Rules"} of 

THIS article, the FOLLOWING PROVISIONS APPLY TO PUBLIC USE DISTRICTS. 

Revisor's Note 

This section is new language added for clarity and 
organizational consistency. 

§ 8-108. Use regulations. 

(A) Permitted USES. 

Permitted uses are governmental uses otherwise permitted by 
this article for the underlying district. 

(B) Conditional USES. 

Conditional uses are conditional governmental uses otherwise 
allowed by this article for the underlying district. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §3A.0-la and lb. 

Deflned terms: 

Governmental use §8-101 Use §1-196 

§8-109. Bulk REGULATIONS. 

THE BULK REGULATIONS SET FORTH IN THIS ARTICLE FOR EACH UNDERLYING 
DISTRICT APPLY TO PROPERTIES UNDER THE PUBLIC USE CLASSIFICATION. 



1112 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §3A.0-2. 

§8-110. Off-street PARKING. 

Off-street parking spaces must be provided in accordance with 
Tttle 1 { "Off-Street Parking Regulations" } of this article as it 
applies to the underlying district. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §3A.0-3. 

Defined terms: 

Must c/ §1-211 



8-111. Signs. 

Signs are allowed only in accordance with Title 1 1 { "Sign 
Regulations" } of this article as it applies to the underlying district. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §3A.0-4. 

Defined terms: 

Sign §1-189 



§ 8-112. {Reserved} 
§ 8-113. {Reserved} 



1113 



Ord. 99-547 1 998- 1 999 Session 

Part III Administration 
§8-114. Proposed AMENDMENTS. 

All amendments proposed under this title must be reviewed in 

ACCORDANCE WITH TITLE 1 6 { "LEGISLATIVE AUTHORIZATIONS" } OF THIS 

ARTICLE. In addition, the Planning Commission must consider the 

PROPOSED AMENDMENT IN RELATION TO THE MASTER PLAN. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §3A.0-5a. 

Deflned terms: 

MasterPlan §1-160 Must c/ §1-211 

§ 8-115. Sale of property. 

Before property with a public use designation is sold, an amendment 

MUST BE enacted TO ELIMINATE THE PUBLIC CLASSIFICATION, SUBJECT TO 
THE REQUIREMENTS OF TITLE 1 6 { "LEGISLATIVE AUTHORIZATIONS" } OF THIS 
ARTICLE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §3A.O-5b. 

The former requirement that the application for an 
amendment be filed "by the applicant" is deleted as 
tautological, at best. 

Also, the requirement that an amendment be "introduced" is 
corrected to refer to the amendment's enactment. 

Deflned terms: 

Must c/ §1-211 



1114 



1 998- 1 999 Session Ord. 99-547 

Subtitle!. Flood Plain Overlay District 
PartL Definitions; Overview 
§ 8-201. Definitions. 

(A) In GENERAL 

In this subtitle, the following terms have the meanings 
indicated. 

Revisor's Note 

This subsection is new language used as the standard 
introduction to a series of definitions. 

(B) Flood PLAIN. 

"Flood plain" means: 

( 1 ) any area shown as a flood plain on the flood plain maps; 

AND 

(2) ANY OTHER AREA THAT: 

(I) IS A RELATIVELY FLAT OR LOW LAND AREA; 

(n) ADJOINS A RIVER, STREAM, OR WATERCOURSE; AND 

(ffl) IS SUBJECT TO PARTIAL OR COMPLETE INUNDATION. 

Revisor's Note 

This subsection is new language derived without substantive 
change from the first clauses of Article 30, §13.0-2-37a. 

Defined terms: 

Adjoining §1-104 Flood plain maps §8-201 (c) 



1115 



Ord. 99-547 1 998- 1 999 SESSION 



(c) Flood piAiN MAPS. 

"Flood plain maps" means the series of maps and profiles known 
AS THE Flood Insurance Study, effective March 15, 1978, 
prepared for the Department of Housing and Urban 
Development, Federal Insurance Administration, as revised 
effective march 16, 1983, for the federal emergency 
Management Agency, Flood Insurance Administrator, and as 

LATER revised OR AMENDED. 

Revisor's Note 

This section is new language derived without substantive 
change from the 3'^'* sentence of the introductory paragraph 
to Chapter 3B of Article 30 and from the last clause of 
§13.0-2-37a. 

§ 8-202. Design. 

The Flood Plain Overlay District regulates the placement and use 
of structures and the use of land in the flood plain, with a design 

TOWARDS: 

(1) PROTECTING HUMAN LIFE AND HEALTH; 

(2) MINIMIZING DAMAGE TO PUBLIC AND PRIVATE PROPERTY; 

(3) PREVENTING OR MINIMIZING FUTURE FLOOD DAMAGE; 

(4) PROTECTING THE PUBLIC WATER SUPPLY AND SANITARY SEWAGE 
DISPOSAL SYSTEMS; 

(5) PRESERVING NATURAL DRAINAGE SYSTEMS; AND 

(6) REDUCING FINANCIAL BURDENS IMPOSED ON BALTIMORE CiTY AND 
ITS CITIZENS. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1 " sentence of the introductory paragraph to 
Chapter 38 of Article 30. 



1116 



1 998- 1 999 Session Ord. 99-547 



Defined terms: 

Flood plain §8-201 Use §1-196 

Structure §1-193 



8-203. Districts ESTABLISHED. 

(A) In GENERAL, 

Six flood plain districts, each designating a measurable degree 

OF FLOOD hazard, ARE PROVIDED, AS DELINEATED ON THE FLOOD PLAIN 
MAPS AND DESCRIBED IN THIS SECTION. 

(B) Floodway. 

The Floodway, which is the area of highest hazard, is that part 
OF THE Flood Plain Overlay District that is required to carry 

AND DISCHARGE THE WATERS OF THE 100- YEAR FLOOD WITHOUT 
INCREASING THE WATER SURFACE ELEVATION AT ANY POINT MORE THAN 
1 FOOT ABOVE EXISTING CONDITIONS. 

(c) Floodway Fringe. 

The Floodway Fringe comprises those lands within the Flood 
Plain Overlay District that: 

( 1 ) are subject to flooding by the 1 00-year flood; and 

(2) lee beyond the floodway, in areas for which detailed 
study data and prohles are available. 

(D) Approximated Flood Plain 

The Approximated Flood Plain comprises those lands within the 
Flood Plain Overlay District that: 

( 1 ) are subject to flooding by the 1 00- year flood; and 

(2) lie in areas for which a detailed study has not been 
performed but for which a 100- year flood plain 
boundary has been approximated. 



1117 



Ord. 99-547 1 998- 1 999 Session 

(E) Harbor Flood Zone. 

The Harbor Flood Zone comprises those lands within the Flood 
Plain Overlay District that: 

( 1 ) are subject to flooding by a 1 00- year flood; and 

(2) LEE ADJACENT TO THE HARBOR (PATAPSCO RIVER). 

(F) Shallow Flood Zone. 

The Shallow Flood Zone is an area within the Flood Plain 
Overlay District in which: 

( 1 ) 1 00- year flood depths from 1 TO 2 FEET OCCUR; 

(2) A CLEARLY DEFINED CHANNEL DOES NOT EXIST; 

(3) THE PATH OF FLOODING IS UNPREDICTABLE; AND 

(4) VELOCITY FLOW MIGHT BE EVIDENT. 

(G) Coastal Hazard Zone. 

The Coastal Hazard Zone comprises those coastal lands within 
THE Flood Plain Overlay District that are subject to 
inundation from high velocity waters and wave action. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2^ sentence of the introductory paragraph 
to Chapter 3B of Article 30 and from §13.0-2-5a, 18a, 37b, 
37c, 42a, and 73b. 

Deflned terms: 

Adjacent §1-103 Flood plain maps §8-201 

Flood plain §8-201 

§ 8-204. {Reserved} 



1118 



1 998- 1 999 Session Ord. 99-547 

§ 8-205. {Reserved} 

Part II. General Requirements 

§ 8-206. In general. 

In addition to the general provisions of Title 3 { "General Rules" } of 
this article, the following provisions apply to flood plain overlay 
Districts. 

Revisor's Note 

This section is new language added for clarity and 
organizational consistency. 

§ 8-207. Use regulations — generally. 

(A) In GENERAL. 

( 1 ) Except in the Floodway, all uses in a Flood Plain Overlay 
District are as otherwise specified in this article for the 

UNDERLYING DISTRICT. 

(2) In ADDITION TO THE REQUIREMENTS OF TITLE 14 { "CONDITIONAL 

Uses" } of this article, conditional uses in a Flood Plain 
Overlay District are subject to the standards and 
procedures contained in § 8-213 {"Conditional uses and 
variances"} of this subtitle. 

(B) Floodway. 

The only uses allowed in the Floodway are the following 
recreational fadlities, but not including accessory buildings: 

(1) ATHLETIC FIELDS. 

(2) Golf COURSES. 

(3) Parks. 

(4) Lacrosse and soccer fields. 



119 



Ord. 99-547 



1998-1999 Session 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §3B.l through 5 A and from the 1" 
sentences of each of §3B.O- la and lb. 

Deflned terms: 

A ccessory use § 1 - 1 02 Use 



§1-196 



§ 8-208. Use regulations — public utility and government services. 

Notwithstanding any other provision to the contrary, no public 
utility or government service use may be located in any flood plain 
IF IT: 

( 1 ) MIGHT IMPEDE, RETARD, OR CHANGE THE DIRECTION OF THE FLOW OF 
WATER; 

(2) WILL CATCH OR COLLECT DEBRIS CARRIED BY THE WATER; OR 

(3) IS PLACED WHERE THE NATURAL FLOW OF THE STREAM OR FLOOD 
WATERS WOULD CARRY IT DOWNSTREAM TO THE DAMAGE OR 
DETRIMENT OF ANY PUBLIC OR PRIVATE PROPERTY IN OR ADJACENT 
TO THE FLOOD PLAIN. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §38.7. 

The operative phrase "may [not] be located in any flood 
plain" is added to correct an inadvertent deletion made when 
this section was amended by Ordinance 78-676. 

Defined terms: 



Adjacent 
Flood plain 



§1-103 No. ..may 
§8-201 Use 



c/ §1-211 
§1-196 



20 



1 998- 1 999 Session Ord. 99-547 



§ 8-209. Bulk Regulations. 

The bulk regulations set forth in this article for each underlying 
district apply to properties in the flood plain overlay district. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §3B.0-2. 

§ 8-210. {Reserved} 

§ 8-211. {Reserved} 

Part III Administration 

§ 8-212. Proposed amendments. 

Amendments to the Flood Plain Overlay District maps must be 
reviewed and approved by: 

(1) THE Department OF PLANNING; AND 

(2) THE federal Emergency Management Agency or its 

DESIGNEE. 

Revisor's Note 

This section is new language derived from the 4* sentence 
of the introductory paragraph to Chapter 3B of Article 30. 

The agencies listed in this revision are substituted for the 
former, obsolete reference to the "Flood Insurance 
Administrator". 

Defined terms: 

Flood plain maps § 8-20 1 



§ 8-213. Conditional uses and variances. 

(A) Additional STANDARDS. 

1121 



Ord. 99-547 1 998- 1 999 SESSION 



( 1 ) In addition to the requirements of Title 1 4 { "Conditional 
Uses"} and Title 15 {"Variances"} ofthis article, the 

additional standards specified in paragraph (2) OFTHIS 
SUBSECTION APPLY TO ANY CONDITIONAL USE OR VARIANCE THAT 
INVOLVES ANY SUBSTANTIAL IMPROVEMENT OR NEW CONSTRUCTION 

IN A Flood Plain Overlay District. 

(2) All conditional uses and variances described in paragraph 

( 1 ) OF THIS subsection ARE SUBJECT TO THE FOLLOWING 
ADDITIONAL STANDARDS: 

(I) THE CONDITIONAL USE OR VARIANCE WILL NOT RESULT IN 
INCREASED FLOOD HEIGHTS OR ADDITIONAL DANGER TO THE 
PUBLIC HEALTH, WELFARE, OR SAFETY; 

(n) THE PROPOSAL IS CONSISTENT WITH THE NEED TO MINIMIZE 
FLOOD DAMAGE; 

(m) ALL NECESSARY PERMITS HAVE BEEN RECEIVED FROM THE 

APPROPRIATE State and federal agencies; 

(rv) ALL PUBLIC AND PRIVATE UTILITIES AND FACELITIES 

(INCLUDING SEWER, WATER, TELEPHONE, ELECTRIC, GAS, 
ETC.) ARE LOCATED AND CONSTRUCTED TO MINIMIZE OR 
ELIMINATE FLOOD DAMAGE; 

(V) ADEQUATE DRAINAGE IS PROVIDED TO REDUCE EXPOSURE 
TO FLOOD HAZARD; AND 

(VI) THE CONDITIONAL USE OR VARIANCE IS NECESSARY 
BECAUSE OF EXTRAORDINARY CIRCUMSTANCES IN LOCAL 
CONDITIONS THAT RENDER THE APPLICATION OF CERTAIN 
STANDARDS A SEVERE HARDSHIP. 

(B) Warning LETTERS. 

If THE Board grants a conditional use or variance under this 
section, the executive secretary must attach to the board 
Resolution a warning that: 



1122 



1 998- 1 999 Session Ord. 99-547 



( 1 ) CONSTRUCTION OF A STRUCTURE LOCATED BELOW THE BASE 
FLOOD LEVEL WILL RESULT IN INCREASED PREMIUM RATES FOR 
FLOOD INSURANCE; AND 

(2) CONSTRUCTION BELOW THE BASE FLOOD LEVEL INCREASES 
RISKS TO LIFE AND PROPERTY. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §3B.8a and 8b. 

Throughout this section, former references to "special 
exceptions" are deleted. See General Reviser's Note to Title 
15 of this article. 

In subsection (a) of this section, the incongruent distinction 
drawn between the Harbor Flood Area (additional standards 
to apply to "new construction and substantial 
improvements") and all other areas (standards to apply to 
"substantial improvements" but not, by implication, new 
construction) is deleted. Note that this change does not 
affect the basic, non-zoning rules that govern or even 
prohibit construction in a flood plain, as contained in federal 
law and in Article 7 {"Floodplain Management"} of the City 
Code. 

In subsection (a)(2)(iii) of this section, a generic reference to 
"appropriate State ... agencies" is substituted for the obsolete 
reference to the "State Water Resources Administration". 

Former Article 30, §3B.8c, requiring certain reports by 
"[t]he Zoning Administrator ... to the [federal] Flood 
Insurance Administrator", is deleted as inconsistent with, 
and ultimately unnecessary in light of, applicable federal 
law, which governs the form, content, and timing of these 
reports. 

Defined terms: 

Board §1-118 Structure §1-193 

Includes; including §1-152 Use §1-196 

Must c/ §1-211 



1123 



Ord. 99-547 1 998- 1 999 Session 



§ 8-214. Municipal and personal ll^bility. 

A ZONING authorization FOR PROPERTY THAT IS NEAR A DELINEATED FLOOD 
PLAIN OR NEAR ANY OTHER LAND LATER DISCOVERED TO BE A FLOOD PLAIN: 

( 1 ) IS NOT A REPRESENTATION, GUARANTEE, OR WARRANTY OF ANY KIND 
THAT THE PROPERTY IS NOT DM A FLOOD PLAIN; AND 

(2) MAY NOT BE USED TO IMPOSE ANY LIABLITY ON BALTIMORE CiTY, 
ITS ELECTED OR APPOINTED OFHCIALS, OR ITS EMPLOYEES. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §3B.6. 

Deflned terms: 

Flood plain § 8-20 1 May not c/ § 1 -2 1 1 

Subtitle 3. Critical Area Overla y District 

Part I. Definitions; Overview 
§8-301. Definitions. 

(A) In GENERAL 

In THIS SUBTITLE, THE FOLLOWING TERMS HAVE THE MEANINGS 
INDICATED. 

Revisor's Note 

This sub section is new language used as the standard 
introduction to a series of definitions. 

(B) Buffer. 

(1) In general 



1124 



1 998- 1 999 Session Ord. 99-547 



"Buffer" means any land within 100 feet of the mean high 
waterline of tidal streams, tributary streams^ and tidal 
wetlands. 

(2) Configuration; filling. 

For PURPOSES of conhguring the Critical Area Buffer, the 

100 FEET LANDWARD OF THE MEAN HIGH WATERLINE IS MEASURED 
AT THE 2-FOOT CONTOUR AS IT EXISTED ON DECEMBER 4, 1987. ALL 
NEW LANDS CREATED AS A RESULT OF FILLING AFTER JANUARY 4, 
1988^ BECOME ADDITIONAL BUFFER AREAS, AND THE BUFFER LINE 
CONHGURED BEFORE THE FILLING REMAINS UNCHANGED FOR 
PURPOSES OF DETERMINING BUFFER OFFSET REQUIREMENTS. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §13.0-2-9a. 

Defined terms: 

Critical Area §8-301 (c) 



(c) Critical Area. 

"Critical Area" means all parts of the Chesapeake Bay Critical 
Area, as delineated in and modified by the City in accordance 
with § 8- 1 807 OF THE State Natural Resources Article, that fall 
WITHIN City boundaries. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §13.0-2-20a, the bulk of which 
simply repeats portions of NR §8-1807 and, therefore, is 
deleted. 

(D) Critical Area Management Program. 

"Critical Area Management Program" means the Baltimore 
City Critical Area Management Program, as approved by the 



1125 



Ord. 99-547 



1998-1999 Session 



Chesapeake Bay Critical Area Commission and adopted by 
Resolution of the Mayor and City Council of Baltimore. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §13.0-2-20b. 

(E) Development. 

"Development" means any one or combination of the following: 



1) CONSTRUCTION, RECONSTRUCTION, MODIRCATION, OR 
EXPANSION OF STRUCTURES; 

2) PLACEMENT OF FILL; 

3) DREDGING; 

4) DRILLING; 

5) MINING; 

6) GRADING; 

7) PAVING; 

8) LAND EXCAVATION; 

9) LAND CLEARING; 

10) LAND IMPROVEMENT; OR 

1 1 ) STORAGE OF MATERIALS. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §13.0-2-23a. 

In item (1 ) of this section, the former reference to the 
"extension" of a structure is deleted in light of the defined 
term "expand". 



126 



I 



1 998- 1 999 Session Ord. 99-547 

Defined terms: 

Expand §1-141 Structure §1-193 

(F) Significant DEVELOPMENT. 

"SlGNmCANT DEVELOPMENTT" MEANS ANY DEVELOPMENT THAT WOULD: 

( 1 ) DISTURB 5 ,000 OR MORE SQUARE FEET OF LAND IN THE BUFFER ; 

(2) DISTURB 1 0,000 OR MORE SQUARE FEET OF LAND IN THE 

Critical Area; 

(3) RESULT in any DISTURBANCE, CAUSED BY USE, DEVELOPMENT, 

or destruction of vegetation, to land in an area 
designated under the critical area management 
Program as a Habitat Protection Area; or 

(4) involve an expenditure for improvements to the 

property equal to or greater than 50% of the assessed 
value of the property, as certified by the department 
OF Planning. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §13.0-2-87a and §13.0-2-42.5. 

Defined terms: 

Buffer §8-301 (b) Critical Area Mgt Program §8-301 (d) 

Critical Area §8-301 (c) Development §8-301 (e) 

(G) Water-dependent FACILITIES. 

(1) In GENERAL 

"Water-dependent FACiLmES" means land uses or structures 

THAT: 



1127 



Ord. 99-547 1 998- 1 999 SESSION 

(I) ARE ASSOCIATED WITH INDUSTRIAL, MARITIME, 

recreational, educational, or hsherbes activmes; 

(ii) require a location within the buffer near the 
shoreline; and 

(m) are dependent on the water by reason of the 
intrinsic nature of their operation. 

(2) Inclusions. 

"Water-dependent FACiLmES" include: 

(I) PORTS; 

(n) INTAKE AND OUTFALL STRUCTURES OF POWER PLANTS; 

(m) WATER-USE INDUSTRIES; 

(rv) MARINAS AND OTHER BOAT-DOCKING STRUCTURES; 

(V) PUBLIC BEACHES AND WATER-ORIENTED RECREATION 
AREAS; AND 

(VI) nSHEREES. 

(3) Exclusions. 

"Water-dependent facelities" do not include private piers 
unless they are part of a subdivision that provides 
community piers. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §13.0-2-98a. 

Defined terms: 

Buffer §8-301(b) Private pier §1-178 

Includes: including § 1 - 1 5 2 Structure § 1 - 1 93 

Marina §1-157 Use §1-196 



1128 



1 998- 1 999 Session Ord. 99-547 



§ 8-302. Design. 

The Critical Area Overlay District is designed to foster more 
sensitive, consistent, and uniform development and redevelopment 
activity along the city's shoreline areas of the chesapeake bay and 
its tributaries, so as to minimize damage to water quality and 
natural or established habitats for the benefit of current and 
future generations. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1" introductory paragraph to Chapter 3C of 
Article 30. 

§8-303. Critical Area AND Buffer. 

(A) Critical Area. 

The State Chesapeake Bay Critical Area law (Title 8, Subtitle 
1 8 OF THE State Natural Resources Article) requires that the 
City designate as its Critical Area an area that, at a minimum, 
extends 1 ,000 feet from the head of tide (as indicated on the 
State Wetlands Maps) along its entire length of shoreline. 



(B) Buffer. 



The State regulations that implement the Critical Area Law 
require that the city also designate, as the critical area 
Buffer, the land area extending 100 feet from the mean high 
water lines. 

Revisor's Note 

This section is new language derived without substantive 
change from all but the last clause of the 2*^ introductory 
paragraph to Chapter 3C of Article 30. 

Defined terms: 

Buffer §8-301 



1129 



Ord. 99-547 1 998- 1 999 SESSION 

§ 8-304. Development Areas. 

(A) In GENERAL 

The State regulations that implement the Critical Area Law 
also require that the city designate "development areas" 
within the Critical Area, based generally on existing 
development patterns and densities. 

(B) Types DESIGNATED. 

The 3 types of Development Areas specified in the Critical Area 
Management Program are: 

( 1 ) Resource Conservation Area. 

(2) Waterfront Revitaleation Area. 

(3) Waterfront Industrial Area. 

Revisor's Note 

This section is new language derived without substantive 
change from the last clause of the 2"^ introductory paragraph 
to Chapter 3C of Article 30 and the 2"^ sentence of § 1 3.0-2- 
23b. 

The P' sentence of §I3.0-2-23b is deleted as unnecessarily 
repetitious. 

Deflned terms: 

Critical Area Mgt Program §8-301 

§8-305. Boundaries. 

(a) as delineated on maps. 

The Critical Area Buffer and Development Area boundaries 
are delineated on a series of maps maintained by the Baltimore 
City Department of Planning. These maps may be periodically 

1130 



i 



1 998- 1 999 Session Ord. 99-547 



revised with the approval of the planning commission and the 
Chesapeake Bay Critical Area Commission. 

(B) Other depictions illustrative only. 

Any other representation of the Critical Area or its 
Development Areas, regardless of the source of publication, 

ARE illustrative ONLY AND MAY NOT BE USED FOR DETERMINING ANY 

of the development requirements or restrictions required in 
this subtitle or by the baltimore city critical area 
Management Program. 

Revisor's Note 

This section is new language derived without substantive 
change from the 3"* introductory paragraph to Chapter 3C of 
Article 30. 

Defined terms: 

Buffer §8-301 May c/ §1-211 

Critical Area Mgt Program §8-301 May not c/ § 1 -2 1 1 

Development §8-301 



8-306. {Reserved} 
8-307. {Reserved} 

PartIL General Requirements 

8-308. In GENERAL. 

In addition to the general provisions of TmjE 3 { "General Rules" } of 
this article, the following provisions apply to critical area 
Overlay District. 

Revisor's Note 

This section is new language added for clarity and 
organizational consistency. 



1131 



Ord. 99-547 1 998- 1 999 SESSION 

§ 8-309. General use regulations. 

(A) Permitted uses. 

Permitted uses are as set forth in Part HI of this subtitle for 

EACH TYPE of DEVELOPMENT AREA. 

(B) CONDIT/ONAL USES. 

Conditional uses are as set forth in Part ni of this subtitle for 

EACH TYPE OF DEVELOPMENT AREA.. 

(c) Nonconforming uses. 

Any expansion made after January 3, 1988, to a nonconforming 
USE IN THE Critical Area Overlay District must comply with the 
development requirements of section iii of the critical area 
Management Program if the Department of Planning 
determines it to be a significant development. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §3C.0-Ia, lb, and the 2°^ paragraph 
of Ic. 

In subsection (c) of this section, former references to an 
"extension", "enlargement", or "addition" are deleted as 
unnecessary in light of the definition of "expan[sion]" to the 
same effect. 

Defined terms: 

Critical Area Mgt Program §8-301 Nonconforming use §1-166 

Development §8-301 Significant development §8-301 

Expand §1-141 Use §1-196 

Must c/ §1-211 

§ 8-310. PROfflBITED USES. 

(A) Within Critical Area. 

1132 



1 998- 1 999 Session Ord. 99-547 

Except as specified in subsection (c) of this section, the 
following uses are prohibited within the critical area: 

( 1 ) Solid or hazardous waste collection or disposal 

FAdLITIES. 

(2) Sanitary LANDFILLS. 

(B) Within Buffer. 

Except as specified in subsection (c) of this section, the 
following additional uses are prohibited within the buffer: 

( 1 ) Storage facblities for toxic or hazardous substances 
(as those terms are used in title 5 of the state labor 
and employment article) or nutrients (that is, elements 
or compounds essentl\l as raw material for organic 
growth and development; for example, carbon, 
nitrogen, and phosphorus). 

(2) Open storage FACiLmES for any bulk solid or semi-solid 

MATERL\L THAT IS A TOXIC OR HAZARDOUS SUBSTANCE OR 
NUTRIENT OR THAT BECOMES ONE WHEN LEFT TO STAND OR 
EXPOSED TO WATER. 

(3) Sand OR GRAVEL OPERATIONS. 

(4) Cement PLANTS. 

(5) Chemical PLANTS. 

(6) As SPECIFIED IN § 3- 1 07 { "PROHIBrrED USES" } OF THIS ARTICLE. 

(c) Exceptions. 

The PROHIBITIONS IN SUBSECTIONS (A) AND (B) OF THIS SECTION DO NOT 
APPLY IF: 

( 1 ) on recommendation of the department of planning, the 
Board finds that: 



1133 



Ord. 99-547 



1998-1999 Session 



(I) THERE IS NO ENVIRONMENTALLY ACCEPTABLE 
ALTERNATIVE OUTSIDE THE CRITICAL AREA; AND 

(n) THE USE IS NEEDED TO CORRECT AN EXISTING WATER 
QUALITY OR WASTEWATER MANAGEMENT PROBLEM; 
AND 

(2) FOR ANY NEW USE THAT CONSTITUTES A SIGNIFICANT 

DEVELOPMENT OR FOR ANY EXPANSION OF A NONCONFORMING 
USE, A BEST MANAGEMENT PRACTICES PLAN THAT WILL ACHIEVE 
A NET IMPROVEMENT IN WATER QUALITY IS SUBMITTED AND 
IMPLEMENTED AS A REQUIREMENT OF THE CRITICAL AREA 

review process. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §3C.0-ldl, ld2, ld4 through ld6, 
le, and If. 

In subsection (b)(1) of this section, the former reference to 
the definitions of "toxic or hazardous substances" in "Sec. 
32A, Art. 89 " of the State Code is replaced with a more 
generic reference to the succeeding State Code Labor and 
Employment Article. Neither of the terms in question were 
defined in the referenced section. 

In subsection (c)(2) of this section, former references to an 
"extension", "enlargement", or "addition" are deleted as 
unnecessary in light of the definition of "expan[sion]" to the 
same effect. 

Defined terms: 



Board 

Buffer 
Ejcpand 



§ 1 - 1 1 8 Nonconforming use § 1 - 1 66 

§8-301 Significant development §8-301 

§1-141 Use §1-196 



§ 8-311. Water-dependant facilities wiTfflN Buffer. 

Water -DEPENDENT facilities ARE ALLOWED IN THE BUFFER ONLY IF: 
( 1 ) THE USE MEETS A RECOGNIZED PRIVATE RIGHT OR PUBUC NEED; 



1134 



1 998- 1 999 Session Ord. 99-547 



(2) adverse effects on water quality and on fish, plant, and 
wildlife habitats are minimized; 

(3) all associated non-water-dependent uses and structures 
are located outside the buffer; and 

(4) the facelities meet the requirements of the critical area 
Management Program and the Critical Area Development 
Manual. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §3C.0-lg. 

Defined terms: 

Buffer §8-301 Use §1-196 

Critical Area Mgt Program §8-301 Water-dependent facility §8-301 

Structure §1-193 



§ 8-312. Public utility and government services. 

Notwithstanding any other provision to the contrary, every 
signeficant development of public ute^ities or governmental 
services within the critical area is subject to the special 
requirements and restrictions of the critical area management 
Program. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §3C.2-1. 

The former reference to the Buffer is deleted as unnecessary 
since the Buffer is "within the Critical Area". 

DeHned terms: 

Critical Area Mgt Program §8-301 Significant development §8-301 



1135 



Ord. 99-547 1 998- 1 999 SESSION 

§ 8-313. Abandoned uses. 

Any use that is discontinued for 12 consecutive months: 

( 1 ) is considered abandoned; and 

(2) may not be reestablished in the critical area unless, on 
recommendation of the department of planning, the board 
finds that the use complies with the critical area 
Management Program. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §3C.0-lh. 

Defined terms: 

Board §1-118 May not c/ §1-211 

Cntical Area Mgt Program §8-301 Use §1-196 

§8-314. Bulk regulations. 

The STANDARDS SET FORTH IN THIS ARTICLE FOR EACH UNDERLYING DISTRICT 
APPLY TO PROPERTIES IN THE CRITICAL AREA OVERLAY DISTRICT. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §3C.0-2. 

§ 8-315. {Reserved} 

§ 8-316. {Reserved} 

Part III. DEVELOPMEm- Area Requirements 

§ 8-317. RESOURCE CONSERVATION AREA. 

(A) Permitted uses within Critical Area. 



136 



1 998- 1 999 Session Ord. 99-547 



In a Resource Conservation Area within the Critical Area but 
outside the buffer, permitted uses are as foixows: 

Open space and public recreational, cultural, and 
educational facelities. 

(B) PERMrTTED USES WITHIN Buffer. 

In a Resource Conservation Area within the Buffer, permitted 
uses are as follows: 

Water-dependent FACiLrnES for public use, subject to the 
provisions of § 8-3 11 { "Water-dependent FACiLmES within 
Buffer") of this subtitle. 

(c) Accessory AND conditional uses within Critical Area. 

In a Resource Conservation Area within the Critical Area or 
Buffer, accessory and conditional uses are as follows: 

None. 

Revisor's Note 

Subsections (a) and (b) of this section are derived without 
substantive change from Article 30, §3C.1-1. Subsection (c) 
is new language added to state expressly that which is 
implied by the absence of any reference to allowed 
accessory or conditional uses. 

In subsection (a) of this section, the phrase "but outside the 
Buffer" is added for clarity, reflecting the provisions of 
subsection (b) that limit the Buffer to public "water- 
dependant facilities". 

In subsection (b) of this section, a specific reference to §8- 
31 1 is added for clarity. 

Defined terms: 

Accessory use §1-102 Use §1-196 

Buffer §8-301 Water-dependent facility §8-301 



1137 



Ord. 99-547 1 998- 1 999 SESSION 

§ 8-318. Waterfront Revitalization Area. 

(A) Permitted, accessory, and conditional uses wtthin CrfticalArea. 

In a Waterfront Revitalization Area within the Critical Area 
but outside the buffer, permitted, accessory, and conditional 
uses are as follows: 

as otherwise provided in this article for the underlying 
district, subject to the provisions of § 8-3 10 {"prohibited 
uses") of this subtitle. 

(B) Permitted, accessory, and condftional uses wrmiN Buffer. 

In a Waterfront Revitalization Area within the Buffer, 
permitted, accessory, and conditional uses are as follows: 

as otherwise provided in this article for the underlying 
district, subject to the provisions of § 8-3 10 {"prohibited 
USES"} AND § 8-31 1 { "Water-dependent FACiLmES within 
Buffer") of this subtitle. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §3C. 1 -2. 

In subsection (a) of this section, the phrase "but outside the 
Buffer" is added for clarity. 

In subsection (b) of this section, a specific reference to §8- 
3 1 1 is added for clarity. 

Defined terms: 

A ccessory use § 1 - 1 02 Use § 1 - 1 96 

Buffer §8-301 

§8-319. Waterfront Industrial Area. 

(A) Permitted, accessory, and condftional uses wtthin CrfticalArea. 



1138 



1 998- 1 999 Session Ord. 99-547 



In a Waterfront Industrial Area within the Critical Area but 
outside the buffer, permitted, accessory, and conditional uses 
are as follows: 

as otherwise provided in this article for the underlying 
district, subject to the provisions of § 8-310 { "prohibited 
uses"} of this subtitle. 

(B) Permitted, accessory, and condftional uses wtthin Buffer. 

In a Waterfront Industrial Area within the Buffer, permitted, 
accessory, and conditional uses are as follows: 

as otherwise provided in this article for the underlying 
district, subject to the provisions of § 8-3 10 { "prohibited 
USES"} AND § 8-31 1 {"Water-dependent FACiLrnES within 
Buffer"} of this subtitle. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §3C.l-3. 

In subsection (a) of this section, the phrase "but outside the 
Buffer" is added for clarity. 

In subsection (b) of this section, a specific reference to §8- 
3 1 1 is added for clarity. 

Defined terms: 

Accessory use §1-102 Use §1-196 

Buffer §8-301 



§ 8-320. {Reserved} 
§ 8-321. {Reserved} 



1139 



Ord. 99-547 1 998- 1 999 SESSION 

Part IV. Administration 
§ 8-322. Conditional uses and variances. 

(A) In GENERAL 

In addition to the requirements of Title 14 {"Conditional Uses"} 
AND Title 1 5 { "Variances" } of this article, the standards and 

PROCEDURES OF THIS SECTION APPLY TO ANY CONDITIONAL USE OR 
VARIANCE IN THE CRITICAL AREA. 

(B) Findings — Planning Department. 

The Planning Department must find that: 

( 1 ) SPECIAL conditions OR CIRCUMSTANCES EXIST THAT ARE 

peculiar to the land or structure for which the 
application is made; and 

(2) a literal enforcement of the requirements of the 
Critical Area Management Program would result in 
unwarranted hardship. 

(c) Findings — Board. 

In addition, the Board must find that: 

( 1 ) a literal interpretation of the critical area 
Management Program, the State Chesapeake Bay 
Critical Area law, or related regulations will deprive 

THE applicant OF RIGHTS COMMONLY ENJOYED BY OTHER 
properties in similar AREAS WITHIN THE CRITICAL AREA; 

(2) the granting of a conditional use or variance will not 
confer on the applicant any special privilege that 
would be denied under the critical area management 
Program, the Chesapeake Bay Critical Area law, or 
related regulations to other lands or structures 
WITHIN THE Critical Area; 

(3) THE APPLICATION FOR THE CONDITIONAL USE OR VARIANCE: 



1140 



1 998- 1 999 Session Ord. 99-547 



(I) IS NOT BASED ON CONDITIONS OR CIRCUMSTANCES 
THAT ARE THE RESULT OF THE APPLICANT'S OWN 
ACTIONS; AND 

(n) DOES NOT ARISE FROM ANY CONDITION THAT RELATES 
TO A LAND OR BUILDING USE, WHETHER 
NONCONFORMING OR OTHERWISE ALLOWED, ON ANY 
NEIGHBORING PROPERTY; 

(4) THE GRANTING OF A CONDITIONAL USE OR VARIANCE WELL NOT 
ADVERSELY AFF=ECT WATER QUALITY OR ADVERSELY IMPACT 
nSH, WILDLIFE, OR PLANT HABITATS WITHIN: 

(I) THE Critical Area; 

(n) A Resource Conservation Area; or 

(m) any other protected part of the state 
Chesapeake Bay Critical Area within a 
neighboring jurisdiction; and 

(5) THE granting OF A CONDITIONAL USE OR VARIANCE WELL BE IN 

harmony with the general spirit and bvftent of the 
Critical Area Management Program, the State 
Chesapeake Bay Critical Area law, and related 
regulations. 

(D) Copies of applications to Planning Department and Critical Area 
Commission. 

All applications for a conditional use or variance must be made 
dm writing to the board, and the board must furnish copees of 

ALL APPLICATIONS TO THE PLANND^JG DEPARTMENT AND THE 

Chesapeake Bay Critical Area Commission. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §3C.2-2. 



1141 



Ord. 99-547 1 998- 1 999 Session 



Throughout this section, former references to "special 
exceptions" are deleted. See General Revisor's Note to Title 
15 of this article. 

In subsection (a) of this section, the former reference to the 
Buffer is deleted as unnecessary since the Buffer is "in the 
Critical Area". 



Defined terms: 






Board §1-118 


Must 


c/ §1-211 


Building §1-121 


Nonconforming use 


§1-166 


Critical Area §8-301 


Structure 


§1-193 


Critical Area Mgt Program §8-30 1 


Use 


§1-196 



Title 9 
Planned Unit Developments 

Subtitle 1. Overview; General Requirements 

Part I: Overview 
§ 9-101. Design. 

(A) Unitary plan of development. 

Planned Unit Developments are intended to encourage the best 
possible design of building forms and site planning under a 
unitary development plan that, in accordance with this title, 
establishes: 

(1) LAND USES; 

(2) DISTANCES BETWEEN BUILDINGS; 

(3) ALLOCATIONS FOR OPEN SPACE; 

(4) ON-SITE PARKING; 

(5) DENSITY LIMITATIONS PER ACRE; 

(6) PERIPHERY SETBACKS; 



142 



1 998- 1 999 Session Ord. 99-547 

(7) floor area ratio; 

(8) land coverage; 

(9) land use relationships with adjoining areas; and 

(10) all other applicable specihcations. 

(B) Benefits. 

Unitary control over an entire development, rather than lot- 
by-lot REGULATION, WILL PRODUCE A WELL-DESIGNED DEVELOPMENT 
THAT WILL HAVE A BENERCIAL EFFECT ON THE HEALTH, SECURITY, 
GENERAL WELFARE, AND MORALS OF THE CiTY AND THE NEIGHBORING 
AREAS. 

Revisor's Note 

This section is new language derived without substantive 
change from the P' and 2™^ sentences of the introductory 
paragraph to Chapter 12 of Article 30 and the 2"^ sentence of 
§13.0-2-69. 

Defined terms: 

Adjoining §1-104 Lot §1-154 

Building §1-121 Use §1-196 

Floor area ratio § 1 - 1 45 

§ 9-102. Regulatory intent. 

(A) In GENERAL. 

The REGULATIONS ESTABLISHED IN THIS TITLE ARE INTENDED TO PERMIT 
AND ENCOURAGE SOUND AND IMAGINATIVE DEVELOPMENT. 

(B) Standards. 

Specific, additional standards are established by this title to: 



1143 



Ord. 99-547 1 998- 1 999 Session 



( 1 ) INSURE THAT A PLANNED UNIT DEVELOPMENT CONFORMS TO 
THE CHARACTER AND NATURE OF THE DISTRICT IN WHICH IT IS 
LOCATED; 

(2) achieve maximum coordination between the planned 
Unit Development and neighboring land uses; 

(3) promote the intent and purposes of this article; and 

(4) encourage the most appropriate use of land within the 
area OF THE Planned Unit Development. 

(c) Development Plan. 

In addition to the other requirements of this title, the design 
features and standards of development within a planned unit 
Development must conform to a detailed Development Plan 
that has been approved by ordinance of the mayor and clty 

COUNCE.. 

Revisor's Note 

This section is new language derived without substantive 
change from the 3"^ and 4*^ sentences of the introductory 
paragraph to Chapter 12 of Article 30 and the 1" sentence of 
§12.0-le. 

Defined terms: 

Must c/ §1-211 Use §1-196 

9-103. {Reserved} 
9-104. {Reserved} 

Part II. Appucation for Approval 
9-105. Initiation OF PROCESS. 

(A) Preliminary CONFERENCE. 



1144 



1 998- 1 999 Session Ord. 99-547 



Before suBMnriNG an application for approval of a Planned 
Unit Development, the owner or developer must: 

( 1 ) HOLD A preliminary CONFERENCE WITH THE PLANNING 

Commission or its designated representative to review 

THE scope and NATURE OF THE PROPOSED PLANNED UNIT 

Development; and 

(2) PREPARE A DETAILED DEVELOPMENT PLAN IN ACCORDANCE 
WITH THIS TITLE. 

(B) Initiation by Commission for certain areas. 

For any area of potential land use development that is located 
within 2,000 feet of a rapid transit station or interchange, the 
Planning Commission itself may recommend the area as a 
Planned Unit Development and initiate a detailed Development 
Plan in accordance with this title. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §12.0- la and, as to subsection 
(a)(2) of this section, repeated references to the required 
Development Plan. 

In subsection (a) of this section, "owner or developer" 
(derived from varying, inconsistent, references to one or the 
other) is substituted for "petitioner" for clarity. Throughout 
the balance of this title, "applicant" is used in place of 
"petitioner", "owner", or "developer" for consistency and 
brevity. 

Defined terms: 

May c/ §1-211 Must c/ §1-211 



§ 9-106. Submission to City Council. 
f (a) In general. 



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Ord. 99-547 1 998- 1 999 Session 



After the preliminary conference, the applicant must submit to 
THE City Council a formal application for approval of the 
Development Plan. 



(B) Form. 

The application must be in the form of a proposed ordinance of 
the Mayor and City Council of Baltimore, containing the 
information and accompanied by the documents that the City 
Council requires. 

Re VISOR'S Note 

Subsection (a) of this section is new language derived 
without substantive change from the 1" sentence of Article 
30, §12.0- lb. Subsection (b) of this section is new language 
added, in conformity with practice, for clarity. 

Defined terms: 

Must c/ §1-211 

§ 9-107. Development Plan. 

The Development Plan accompanying the application must include, 
AT A minimum: 

( 1 ) AN accurate topographic AND BOUNDARY LINE MAP OF THE 
PROJECT AREA; 

(2) A LOCATION MAP SHOWING THE RELATIONSHIP OF THE PROJECT AREA 
TO SURROUNDING PROPERTIES; 

(3) THE PATTERN AND INTENDED DESIGN STANDARDS OF EXISTING AND 
PROPOSED ROADS, DRIVEWAYS, AND PARKING FAdLITIES, WHETHER 
PUBLIC OR PRIVATE; 

(4) THE USE, TYPE, SIZE, ARRANGEMENT, AND LOCATION OF EXISTING 
AND PROPOSED LOTS, STRUCTURES, AND BUILDING GROUPS; 



1146 



1 998- 1 999 Session Ord. 99-547 



(5) THE LOCATION, TYPE, AND SIZE OF EXISTING AND PROPOSED 
LANDSCAPING; 

(6) ARCHITECTURAL DRAWINGS AND SKETCHES THAT ILLUSTRATE THE 
DESIGN AND CHARACTER OF PROPOSED STRUCTURES; 

(7) THE LOCATION OF EXISTING AND PROPOSED SEWER AND WATER 
FACIUTIES; 

(8) EXISTING TOPOGRAPHY AND STORM DRAINAGE PATTERN; 

(9) PROPOSED STORM DRAINAGE SYSTEM SHOWING BASIC TOPOGRAPHIC 
CHANGES; 

(10) THE LOCATION OF: 

(I) RECREATIONAL AND OPEN SPACE AREAS AND AREAS 
RESERVED OR DEDICATED FOR PUBLIC USES, SUCH AS 
SCHOOL AND PARK SITES; AND 

(n) ANY OPEN SPACE TO BE OWNED AND MAINTAINED BY A 
PROPERTY OWNERS' ASSOCL\TION. 

(11) STATISTICAL DATA ON: 

(I) THE TOTAL SIZE OF THE PROJECT AREA; 
(n) DENSITY COMPUTATIONS; 

(HI) THE PROPOSED NUMBER OF RESIDENTIAL UNFTS, BY TYPE; 

AND 

(iv) any other similar factors pertinent to a 

comprehensive evaluation of the proposed planned 
Unit Development; 



(12) A COPY OF: 



(I) THE INTENDED ORGANIZATIONAL STRUCTURE OF AND 
GOVERNING DOCUMENTS FOR ANY PROPERTY OWNERS' 
ASSOCIATION; 



1147 



Ord. 99-547 1 998- 1 999 Session 



(n) ALL EXISTING AND PROPOSED PROTECTIVE COVENANTS; 
AND 

(ffl) ALL MAINTENANCE AND SERVICE PROVISIONS; AND 

( 1 3) A DETAILED TIME SCHEDULE FOR THE START AND COMPLETION OF 

THE Planned Unit Development. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"^ sentence of Article 30, §12.0-le. 

In items (4) and (5) of this section, "existing" is added to 
conform to actual practice and similar requirements in other 
items. Similarly, in item (12)(ii) of this section, "existing 
and proposed" is added for clarity. 

In item (12)(i) of this section, "governing documents for" is 
added for clarity. 

The 3"* sentence of § 1 2.0- le is deleted. Its reference to 
"aspects" of the maintenance of open spaces is redundant of 
items (10)(ii) and 12(iii). And its reference to future 
"additions, expansion, changes in uses, et cetera" are, to the 
extent these future modifications are already planned, 
covered by the staging requirements of item (13) and, if not 
yet known, inconsistent with the requirements of §9-118 of 
this subtitle for subsequent approval of all future 
modifications. 





Defined terms: 




Building 
Includes; 
Lot 


§1-121 

including § 1 - 1 52 

§1-154 


Must 

Structure 

Use 


§ 9-108. 


{Reserved} 




§ 9-109. 


{Reserved} 





c/ §1-211 
§1-193 
§1-196 



1148 



1 998- 1 999 Session Ord. 99-547 



Part III Review and Approval 

§ 9-110. In general. 

The City Council may authorize the Planned Unit Development and 
approve the development plan in accordance with the procedures, 
guides, and standards of this title and of title 14 { "conditional 
Uses"} AND Title 16 {"Legislative Authorizations"} of this article. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1" sentence of the 3"^ paragraph of Article 
30, §12.0-lb. 

The reference in former §12.0-lb to "receipt of [agency] 
reports and recommendations" is transferred to §9-111 of 
this subtitie. 

Defined terms: 

May c/ §1-211 

§ 9-111. Agency reviews. 

(A) Referrals. 

On introduction of a bill proposing a Planned Unit 
Development, the City Council must refer the bell for review 
BY THE Board, the Planning Commission, and other agencies as 
PROVIDED in Title 16 {"Legislative Authorizations"} of this 

ARTICLE. 

(B) Reports AND RECOMMENDATIONS. 

The AGENCIES TO WHICH A BILL HAS BEEN REFERRED MUST SUBMIT THEIR 
REPORTS AND RECOMMENDATIONS TO THE CiTY COUNCIL AS PROVIDED 

IN Title 16 ("Legislative Authorizations"} of this article. 



1149 



Ord. 99-547 1 998- 1 999 SESSION 

Revisor's Note 

This section is new language substituted for the 2~* 
paragraph and the 2"^ sentence of the 1 " paragraph of Article 
30, §12.0- lb, which merely duplicate the general provisions 
in Title 16 of this article. 

Defined terms: 

Board §1-118 Must c/ §1-211 

§9-112. Governing STANDARDS. 

(A) In GENERAL 

In reviewing the proposal, the agencies to which a bell is 
referred must consider: 

( 1 ) the standards in title 14 { "conditional uses" } of this 
article governing conditional uses; and 

(2) in addition, whether: 

(1) the plans for the planned unit development 
are in general conformance with: 

(a) all elements of the master plan; and 

(b) the character and nature of existing 
and contemplated development in the 
vicinity of the proposed planned unit 
Development; 

(n) THE Planned Unit Development will preserve 

UNUSUAL TOPOGRAPHIC OR NATURAL FEATURES OF 
THE LAND; 

(m) THE DESIGN OF THE PLANNED UNIT DEVELOPMENT 
WILL BEST UTILIZE AND BE COMPATIBLE WITH THE 
TOPOGRAPHY OF THE LAND; 



1150 



J 



1 998- 1 999 Session Ord. 99-547 



(rv) the physical characteristics of the planned 
Unit Development will adversely affect: 

(a) future development or the value of 

undeveloped NEIGHBORING AREAS; OR 

(b) the use, maintenance, or value of 
neighboring areas already developed; 

(v) with respect to availability of light, air, open 
space, and street access, the planned unit 
Development will secure for its residents and 
neighboring residents substantially the same 
benefits as would be provided by application of 
the basic district regulations; 

(vi) with respect to fire, health hazards, and other 
dangers, the planned unit development will 
secure for its residents and neighboring 
residents substantially the same protection as 
would be provided by application of the basic 
district regulations; and 

(vn) THE Planned Unit Development will permit 

DESIGN FEATURES THAT WOULD NOT BE POSSIBLE BY 
APPLICATION OF THE BASIC DISTRICT REGULATIONS. 

(B) Use REGULATIONS. 

The uses that would be allowed under this title but not under 

THE basic regulations GOVERNING THE UNDERLYING DISTRICT IN 
WHICH THEY ARE LOCATED: 

( 1 ) MUST BE NECESSARY OR DESIRABLE FOR AND APPROPRIATE TO 
THE PRIMARY PURPOSE OF THE PLANNED UNIT DEVELOPMENT; 
AND 

(2) MAY NOT BE OF A NATURE, OR SO LOCATED, AS TO ADVERSELY 
AFFECT THE SURROUNDING NEIGHBORHOOD. 



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Ord. 99-547 1 998- 1 999 Session 



(C) Bulk REGULATIONS 

The application of bulk regulations under this title, which are 
expressed in terms of overall density for the entire planned 
Unit Development rather than on a lot-by-lot basis, should 

RESULT IN overall DEVELOPMENT THAT IS NO LESS BENEHCIAL TO THE 
RESIDENTS THAN WOULD BE OBTAINED BY APPLICATION OF THE BASIC 
REGULATIONS FOR THE UNDERLYING DISTRICT. 

Revisor's Note 

This section is new language derived without substantive 
change from the 3'** sentence of the 1" paragraph of Article 
30, §12.0-lb and from §12.0-lc and Id. 

In the introductory clause of subsection (a) of this section, 
the general term "agencies" is substituted for the former, 
limited reference to the Board and Planning Commission. 
Under §16-301 of this article, referrals to the Board and 
Planning Commission are required, but referrals to other 
agencies are permitted as well. 

Defined terms: 

Lot §1-154 Must c/ §1-211 

Master Plan §1-160 Street §1-190 

May not c/ §1-211 Use §1-196 



§9-113. ACTION BY City Council. 

(A) Options. 

AFTER IT RECEIVES THE REPORTS AND RECOMMENDATIONS OF THE 
AGENCIES TO WHICH A BILL IS REFERRED BOARD AND THE PLANNING 
COMMISSION , OR ON FAILURE OF A>J AGENCY EITHER TO REPORT WITHIN 
THE TIME SPECIFIED IN § 16-302 {"AGENCY RE[0RTS REPORTS AND 
RECOMMENDATIONS" } OF THIS ARTICLE, THE CiTY COUNCIL MAY: 

( 1 ) APPROVE OR DISAPPROVE THE DEVELOPMENT PLAN AS 
SUBMITTED; 

(2) GRANT CONDITIONAL APPROVAL; OR 



152 



1 998- 1 999 Session Ord. 99-547 



(3) require that the applicant modify the development 
Plan before approval. 

(B) Approval to be in form of ordinance. 

The City Council's approval must be in the form of an ordinance 
OF THE Mayor and City Council of Baltimore. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2°^ and 3"^ sentences and the 1" clause of 
the 1" sentence of the 3"^ paragraph of Article 30, §12.0- lb. 

In subsection (a) of this sentence, the phrase "or on failure 
..." is added for clarity. C/., §16-40 1(b) of this article to the 
same effect. 

In subsection (b) of this section, the former reference to 
providing copies to the Board, etc., is deleted as unnecessary 
and, to the extent it suggests that the approval is conditioned 
on the formal transmittal of these copies, misleading. 

Defined terms: 

May c/ §1-211 Must c/ §1-211 



§9-114. {Reserved} 
§ 9-115. {Reserved} 

Part IV. Administration and Enforcement 
§ 9-116. Zoning maps and files. 

(A) Map deuneations. 

The Zoning Administrator must delineate and designate 
approved Planned Unit Developments on the ofhcial zoning 
maps, for informational and reference purposes. 



153 



Ord. 99-547 1 998- 1 999 SESSION 



(B) Files. 

The Zoning Administrator must keep a file, available for public 
inspection, for each planned unit development. the feue must 
contain a record of the approved development plan and all 
related matters. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, § 1 2.0-6. 

Defined terms: 

Must c/ §1-211 



§ 9-117. Ordinance and Plan as binding agreement. 

The ordinance and approved Development Plan constitute a binding 
agreement by the owner and developer that it whl proceed with 
the development in strict accordance with the approved plan, 
including the detailed time schedule contained in the plan. 

Revisor's Note 

This section is new language derived without substantive 
change from the last sentence of the 3"^ paragraph of Article 
30, §12.0- lb. 

Reference to the "owner" is added since both the developer 
and, if a different person, the owner are responsible for 
compliance. 

§ 9-118. MODIFICATIONS OR DEVIATIONS. 

(A) New APPUCATJON REQUIRED. 

Except as specified in this section, every modihcation of or 

DEVIATION from AN APPROVED DEVELOPMENT PLAN MUST BE 
processed AND APPROVED UNDER THIS TITLE AS A NEW APPUCATION. 



154 



1 998- 1 999 Session Ord. 99-547 



(B) Changes to other allowed uses. 

The Board may authorize changes of use to other uses if those 
other uses are otherwise allowed as permitted uses or as 
Board-approved conditional uses in the underlying district in 
WHICH THE Planned Unit Development is located. 

(c) Minor modifications — design features; interiors. 

(1) The Planning Commission MAY AUTHORIZE MINOR 

MODinCATIONS THAT: 

(I) ARE LIMITED TO DESIGN FEATURES AND INTERIOR PLANNING; 
AND 

(n) do not include any change in the applicable density or 
bulk regulations. 

(2) The Planning Commission may determine what constitutes a 

"MINOR modification" FOR PURPOSES OF THIS SUBSECTION. 

(D) Minor modifications — time schedule. 

On a showing of reasonable cause by the applicant, the Board 

MAY authorize AN EXTENSION OF OR MINOR MODIFICATION IN THE 

Plan's detailed time schedule. 

(E) Form of requests and approvals. 

(1) All requests for authorizations under subsection (b), (c), 

OR (D) OF this section MUST BE IN WRITING. 

(2) All authorizations under those subsections must be in the 
form of a written order, with copies to the zoning 
Administrator and, for Board authorizations, to the 
Planning Commission. 

Revisor's Note 

This section is new language derived from the 4^ paragraph 
ofArticleSO, §12.0-lb. 



1155 



Ord. 99-547 1 998- 1 999 Session 



In subsection (a) of this section, "deviation from" is added 
for clarity. 

In subsection (b) of this section, the phrase "or as Board- 
approved conditional uses" is added for clarity, conforming 
to long-standing administrative understanding and practice. 

In subsection (c) of this section, the former delegation to the 
Board of this approval authority is revised, in accordance 
with long-standing practice, to authorize the Planning 
Commission to approve minor modifications. 

Since at least the early 1970s, it has been commonplace for 
PUD Ordinances themselves to delegate to the Planning 
Commission, rather than the Board, the authority to review 
and approve these kind of changes. See, e.g.. Ordinance 74- 
771 ("all plans for future site details ... [shall] be submitted 
to the Planning Commission for review and approval"); 
Ordinance 80-016 ("landscaping plans, ... and ... proposals 
for ... exterior building design shall be subject to review and 
approval of the Planning Commission"); Ordinance 82-700 
("design details ... shall be reviewed and approved by the 
Planning Commission"); and 95-662 ("all changes in the 
approved Development Plan, minor amendments and design 
approvals ... shall be reviewed and approved by the Planning 
Commission"). 

During the 1995-99 Session of the City Council, all but one 
or two of the PUD Ordinances enacted to date similarly 
authorized the Planning Commission to review and approve 
changes to the Development Plan. Of these, two referred 
broadly to all changes, and the rest, while limiting the 
Commission's authority to "minor" changes, expressly 
authorized the Commission (or, in some instances, the 
Department) to determine whether a change is to be 
considered "minor" or not. See, e.g.. Ordinances 96-032, 
96-035, 96-092, 97-187, 97-213, 97-225, 97-229, 97-320, 
98-320. 

Defined terms: 

Board §1-118 Must c/ §1-211 

May c/ §1-211 Use §1-196 



1156 



1 998- 1 999 Session Ord. 99-547 

§ 9-119. Enforcement. 

(a) noncompuance cause for cancellation. 

Failure to comply with the requirements set by or under 

AUTHORITY OF THIS TITLE IS CAUSE FOR CANCELING THE PLANNED UNIT 

Development and Development Plan. 

(B) Notice. 

The Zoning Administrator must provide the owner or developer 
at least 15 days' notice to appear before the zoning 
Administrator and answer to any charge of noncompliance. 

(c) Action BY Administrator. 

If the Zoning Administrator finds the charges to be 
substantiated, and if the situation is not satisfactorily 
adjusted within a specified period set by the zoning 
administrator, the zoning administrator may: 

( 1 ) order cancellation of the planned unit development 
AND Development Plan; and 

(2) take any OTHER ACTION THAT IS APPROPRIATE. 

Revisor's Note 

This section is new language derived without substantive 
change from the 5*^ paragraph of Article 30, §12.0- lb. 

In subsection (a) of this section, reference to the "owner" is 
added since both the developer and, if a different person, the 
owner are responsible for compliance. 

In subsection (b) of this section, the former reference to a 
right of appeal to the Board is deleted as unnecessary, given 
the general provisions of Title 17, Subtitle 2 of this article to 
the same effect, and as misleading, given that, as written, it 
literally applied only to cancellation actions and not to any 
other actions that the Zoning Administrator might take. 



I 



1157 



Ord. 99-547 1 998- 1 999 Session 

Defined terms: 

May c/ §1-211 Must c/ §1-211 

§9-120. {Reserved} 
§ 9-121. {Reserved} 

§ 9-122. Yards. 



PartV. Uniform Regulations 



In a Planned Unit Development, the basic yard requirements for 
the underlying district may be reduced to the extent specmcally 
provided in the approved development plan. 

Revisor's Note 

This section is new language that consolidates, without 
substantive change, the identical provisions of Article 30, 
§12.0-2b4, §12.0-354, §12.0-4b4, and §12.0-5b2. 

Defined terms: 

May c/ §1-211 Yard §1-198 

§ 9-123. Building height and floor area ratio. 

(A) Height REQUIREMENTS. 

In a Planned Unit Development, the basic building height 
limitations for the underlying district may be increased to the 
extent specifically provided in the approved development plan. 

(B) Floor area ratio — in general 

( 1 ) The floor area ratio requirements of the underlying 
district apply to the entire planned unit development and 

not TO THE SPECIFIC USES, LOTS, OR STRUCTURES LOCATED WITHIN 

THE Planned Unit Development. 



1158 



1 998- 1 999 Session Ord. 99-547 



(2) For THIS PURPOSE, THE COMPUTATION: 
(I) INCLUDES: 

(A) THE ENTIRE LAND AREA WITHIN THE BOUNDARIES 
OF A SITE; AND 

(B) ALL FOUNTAINS, REFLECTING POOLS, LAKES, AND 
SIMILAR WATER AREAS; BUT 

(n) EXCLUDES THE LAND AREA REQUIRED OR PROPOSED FOR 
PUBLIC RIGHTS-OF-WAY. 

(c) Floor area ratio — gross density premiums. 

QUALinCATION UNDER THIS TITLE FOR A GROSS DENSITY PREMRJM 
INCREASES THE MAXIMUM FLOOR AREA RATIO BY AN EQUAL 
PERCENTAGE. 

Revisor's Note 

This section is new language that combines, without 
substantive change, Article 30, §13.0-2-59, and the identical 
provisions of§§12.0-2b5, 12.0-3b5, 12.0-4b5, and 12.0- 
5b3. 

In subsection (b)(1) of this section, "lots ... or structures" is 
added for clarity. 

Defined terms: 

Building §1-121 May c/ §1-211 

Floor area ratio § 1 - 1 45 Use § 1 - 1 96 

Includes; including § 1 - 1 5 2 



§ 9-124. Off-street parking. 

Off-street parking in a Planned Unit Development must be provided 

IN ACCORDANCE WITH THE REQUIREMENTS OF TITLE 1 { "OFF-STREET 

Parking Regulations" } of this article, as they apply to the 
underlying district. 



1159 



Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 

This section is new language that combines, without 
substantive change, the identical provisions of Article 30, 
§§12.0-2d, 12.0-3d, 12.0-4d, and 12.0-5d. 

Defined terms: 

Must c/ §1-211 



§ 9-125. Signs. 

Signs in a Planned Unit Development must comply with the 
requirements of title 1 1 {"sign regulations"} of this article, as 
they apply to the underlying district. 

Revisor's Note 

This section is new language that combines, without 
substantive change, the identical provisions of Article 30, 
§§12.0-2c, 12.0-3C, I2.0-4C, and 12.0-5c. 

Deflned terms: 

Must c/ §1-211 Sign §1-189 



§ 9-126. performance standards in business and industrial 
Developments. 

Uses in a Business or Industrial Planned Unit Development must 
comply with the performance standards of title 12 {"performance 
Standards" } of this article, as they apply to the underlying 
district. 

Revisor's Note 

This section is new language that combines, without 
substantive change, the identical provisions of Article 30, 
§§12.0-4eand 12.0-5e. 



1160 



1 998- 1 999 Session Ord. 99-547 

Defined terms: 

Must c/ §1-211 Use §1-196 

Subtitle 2. Residential Planned Unit Developments 

Part I. Use Regulations 

§ 9-201. In general. 

For an approved Planned Unit Development located in a Residence 
District, the uses allowed are as specified in this Part I, subject to 

THE GENERAL PROVISIONS OF TITLE 3 { "GENERAL RULES" } OF THIS ARTICLE. 

Revisor's Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, §12.0-2, 
as it applies to uses. 

Defined terms: 

Use §1-196 

§ 9-202. Uses of underlying district. 

(A) Uses PERMnTED. IN DISTRICT. 

All USES SPECIFIED AS PERMITTED USES IN THE UNDERLYING DISTRICT 
ARE ALLOWED IN A RESIDENTIAL PLANNED UNIT DEVELOPMENT. 

(B) Certain dwelungs. 

In a Residential District in which single-family detached 
dwellings are permitted uses, single-family attached, single- 
family semi-detached, and multiple-family detached dwellings 
are also allowed to the extent specincally provided in the 
APPROVED Development Plan. 



1161 



Ord. 99-547 1 998- 1 999 Session 



(c) Uses conditional in district. 

Uses specified as conditional uses in the underlying district are 
allowed in a residential planned unit development to the 
extent specifically provided in the approved development plan. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §12.0-2al and 2a2. 

Defined terms: 

Dwelling §1-136 Use §1-196 



§ 9-203. Uses of O-R, B-1, B-2, and M-1 Districts. 

Uses specified as PERMrrrED or condfronal uses in 0-R, B-1, B-2, and 
M-1 Districts are allowed in a Residential Planned Unit 
Development to the extent specihcally provided in the approved 
Development Plan. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §12.0-2a3. 

Defined terms: 

Use §1-196 



§ 9-204. Uses in Urban Renewal Area. 

If the Planned Unit Development is located in an Urban Renewal 
Area, uses allowed under this subtftle but disallowed by the 
governing Urban Renewal Plan are allowed in the Planned Unft 
Development to the extent specihcally provided in the approved 
Development Plan. 



1162 



1 998- 1 999 Session Ord. 99-547 

Revisor's Note 

This section is the Review Committee's best efforts at 
deciphering the cryptic, nigh incomprehensible provisions of 
Article 30, §12.0-2a4. 

Defined terms: 

Use §1-196 

9-205. {Reserved} 
9-206. {Reserved} 

PartIL Bulk Regulations 

9-207. In GENERAL. 

For an approved Planned Unit Development located in a Residence 
District, the bulk regulation requirements are as specified in this 
Part H, subject to the general provisions of Title 3 { "General 
Rules"} of this article. 

Revisor's Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, §12.0-2, 
as it applies to bulk regulations. 

9-208. Area and coverage. 

(A) Minimum AREA. 

( 1 ) In R- 1 through R-5 Districts, a Planned Unit Development 

must contain at least 5 ACRES. 

(2) In R-6 through R- 1 Districts, a Planned Unit Development 
must contain at least 2 acres. 



163 



Ord. 99-547 1 998- 1 999 Session 



(B) Lot COVERAGE. 

The basic lot coverage maximums for the underlying district 
may be increased to the extent specifically provided in the 
APPROVED Development Plan. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §12.0-2bl. 

Defined terms: 

Lot §1-154 Must c/ §1-211 

May c/ §1-211 



§9-209. Gross density. 

(A) In GENERAL. 

( 1 ) In R-8, R-9, and R- 1 Districts, dwelling units are computed 

FOR PURPOSES OF THIS SECTION AS FOLLOWS: 

(I) 1 EFHCIENCY UNIT COUNTS AS 0.67 OF A DWELLING UNIT; 
AND 

(d) 1 rooming unit counts as 0.5 of a dwelling unit. 

(2) The aggregate number of dwellings units in a Residential 
Planned Unit Development may not exceed the following: 

District D welung Units per 

Acre 

R-l District 6 

R-1 A District 3 

R- IB District 2 

R-2 District 6 

1164 



1 998- 1 999 Session Ord. 99-547 

R-3 District 9 

R-4 District 9 

R-5 District 17 

R-6 District 29 

R-7 District 40 

R-8 District 58 

R-9 District 79 

R- 10 District 218 

(B) Housing FOR ELDERLY. 

For housing for the elderly, the density regulations 
established for the underlying district apply. 

(c) Development encompassing 2 or more Residence Districts. 

Where 2 or more Residence Districts are included in a Planned 
Unit Development, dwelling units may be located without 
regard to district boundary lines, as long as the overall 
density does not exceed the aggregate density allowable for 

ALL the districts. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §12.0-2b2. 

The Review Committee is uncertain how the different 
standards set by subsections (a) and (b) are to be applied in a 
mixed-use PUD: Is subsection (b) an exception to 
subsection (a), so that the units computed under subsection 
(b) do not count at all towards the aggregate limit in 
subsection (a)? Or is subsection (a) an independent limit on 
elderly housing that applies in addition to the hmits of 
subsection (a)? 



1165 



Ord. 99-547 1 998- 1 999 Session 


Deflned terms: 




Dwelling unit §1-137 
Efficiency unit § 1 - 1 3 8 
Housing for elderly § 1 - 1 5 1 


May 
May not 
Rooming unit 



c/ §1-211 

c/ §1-211 

§1-186 



§ 9-210. Gross density premiums. 

(A) In GENERAL 

to the extent specmcally provided in the approved 
Development Plan, the maximum gross densities specified in § 9- 
209 { "Gross density" } of this subtitle may be increased by up to 
25% in accordance with one or more of the following 
subsections. 

(B) Near PARK LAND. 

For a Residential Planned Unit Development that is adjacent to 

a public park of at least 1 5 acres, a premium may be added of up j 

TO 10%. ^ 

(C) Near RAPID TRANSIT. 

For a Residential Planned Unit Development that is within 1/8 
mele of a rapid transit station facility or interchange, a 
premium may be added of up to 5%. 

(D) With dedicated recreational and educational sttes. 

For a Residential Planned Unit Development that has 
dedicated public recreational and educational sites, as 
recommended in the Master Plan, a premium may be added that 
IS equal to the number of dwelling units that would otherwise 

HAVE BEEN PERMITTED ON THE LAND SO DEDICATED. 

(E) With UNIQUE DESIGN FEATURES. 

For a Residential Planned Unit Development that provides 

UNIQUE design FEATURES REQUIRING UNUSUALLY HIGH DEVELOPMENT 



1166 



1 998- 1 999 Session Ord. 99-547 



COSTS AND ACHEVING AN ESPECIALLY ATTRACTIVE AND STABLE 
DEVELOPMENT, A PREMIUM MAY BE ADDED OF UP TO 5%. 

(F) Open space in certain districts. 

In R-7, R-8, R-9, and R- 10 Districts, for a Residential Planned 
Unit Development that provides at grade permanent open space 
developed for recreational use, terraces, sculptures, 
reflecting pools, fountains, and similar uses, a premium may be 
added of a percentage equal to 2 times the percentage of the 
Planned Unit Development so devoted to permanent open space 

USES. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §12.0-2b3. 

Defined terms: 

Adjacent §1-103 May c/: §1-211 

Dwelling unit § 1 - 1 37 Permanent open space § 1 - 1 73 

MasterPlan §1-160 Use §1-196 



Subtitles. Office-Residential Planned Unit Developments 

Part I. Use Regulations 

§ 9-301. In general. 

For an approved Planned Unit Development located in an Ofrce- 
Residence District, the uses allowed are as specified in this Part I, 

SUBJECT TO THE GENERAL PROVISIONS OF TITLE 3 { "GENERAL RULES" } OF 
this ARTICLE. 

Revisor's Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, §12.0-3, 
as it applies to uses. 



1167 



Ord. 99-547 1 998- 1 999 Session 

Defined terms: 
Use §1-196 

§ 9-302. Uses of underlying district. 

(A) Uses permitted in district. 

All uses specified as permitted uses in the underlying district 

ARE ALLOWED IN AN OFFICE-RESIDENTIAL PLANNED UNIT 

Development. 

(B) Uses conditional in district. 

Uses specified as conditional uses in the underlying district are 

ALLOWED IN AN OFHCE- RESIDENTIAL PLANNED UNIT DEVELOPMENT TO 
THE EXTENT SPECIFICALLY PROVIDED IN THE APPROVED DEVELOPMENT 

Plan. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §12.0-3al and 3a2. 

Defined terms: 

Use §1-196 

§ 9-303. USES OF B-1, B-2, and M-1 Districts. 

Uses specified as permitted or conditional uses in B-1, B-2, and M-1 
Districts are allowed in an Office-Residential Planned Unit 
Development to the extent specihcally provided in the approved 
Development Plan. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §12.0-3a3. 



1168 



1 998- 1 999 Session Ord. 99-547 

DeHned terms: 
Use §1-196 

§ 9-304. Uses in Urban Renewal Area. 

If the Planned Unit Development is located in an Urban Renewal 
Area, uses allowed under this subtitle but disallowed by the 
governing urban renewal plan are allowed in the planned unit 
Development to the extent specihcally provided in the approved 
Development Plan. 

Revisor's Note 

This section is the Review Committee's best efforts at 
deciphering the cryptic, nigh incomprehensible provisions of 
Article 30, §12.0-3a4. 

Defined terms: 

Use §1-196 



§ 9-305. {Reserved} 
§ 9-306. {Reserved} 

§ 9-307. In general. 



Part 11. Bulk Regulations 



For an approved Planned Unit Development located in an Ofhce- 
Residence District, the bulk regulation requirements are as 
specified in this Part II, subject to the general provisions of Title 3 
{"General Rules"} of this article. 

Revisor's Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, §12.0-3, 
as it applies to bulk regulations. 



1169 



Ord. 99-547 1 998- 1 999 Session 

§ 9-308. Area. 

(A) 0-R-l Districts. 

In an O-R-1 District, a Planned Unit Development must contain 
at least 3 acres. 

(B) Others. 

In O-R-2, O-R-3, and O-R-4 Districts, a Planned Unit 
Development must contain at least 2 acres. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §12.0-3bl. 

Defined terms: 

Must c/ §1-211 

§ 9-309. Gross density. 

(A) In GENERAL 

( 1 ) In all Ofhce-Residence Districts, dwelling units are 

computed for purposes of this section as FOLLOWS: 

(I) 1 efficiency unit counts as 0.67 of a dwelling unit; 

AND 

(n) 1 rooming unit counts as 0.5 of a dwelling unit. 

(2) The aggregate number of dwellings units in an Ofhce- 
Residential Planned Unit Development may not exceed the 
following: 

District Dwelling Units 

PER Acre 

OR-l District 17 



1170 



i 



1 998- 1 999 Session Ord. 99-547 

O-R-2 District 79 

O-R-3 District 218 

O-R-4 District 218 

(B) Housing FOR ELDERLY. 

For housing for the elderly, the density regulations 
established for the underlying district apply. 

(c) Development ENCOMPASSING 2 or more Office-Residence Districts. 

Where 2 or more Ofhce-Residence Districts are included in a 
Planned Unit Development, dwelling units may be located 
without regard to district boundary lines, as long as the 
overall density does not exceed the aggregate density all the 
districts. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §12.0-3b2. 

See query in Revisor's Note to §9-209. 

Defined terms: 

Dwelling unit §1-137 May c/ §1-211 

Efficiency unit § 1 - 1 3 8 May not c/ § 1 -2 1 1 

Housing for elderly § 1 - 1 5 1 Rooming unit § 1 - 1 86 

§ 9-310. Gross density premiums. 

(A) In GENERAL 

to the extent specifically provided in the approved 
Development Plan, the maximum gross densities specified in § 9- 
309 {"Gross density"} of this subtitle may be increased by up to 
25% in accordance with one or more of the following 
subsections. 



1171 



Ord. 99-547 1 998- 1 999 Session 



(B) Near PARK LAND. 

For an Ofhce-Residential Planned Unit Development that is 
adjacent to a public park of at least 15 acres, a premium may be 
added of up to 10%. 

(c) Near rapid transit. 

For an Office-Residential Planned Unit Development that is 
within 1/8 mile of a raped transit station face.ity or 
interchange, a premrjm may be added of up to 5%. 

(d) wffh dedicated recreational and educational sttes. 

For an Ofrce-Residential Planned Unit Development that has 
dedicated public recreational and educational sites, as 
recommended in the Master Plan, a premium may be added that 
is equal to the number of dwelling units that would otherwise 
have been permitted on the land so dedicated. 

(E) With unique design features. 

For an Ofhce-Residential Planned Unit Development that 

PROVIDES unique DESIGN FEATURES REQUIRING UNUSUALLY HIGH 
DEVELOPMENT COSTS AND ACHIEVING AN ESPECIALLY ATTRACTIVE AND 
STABLE DEVELOPMENT, A PREMIUM MAY BE ADDED OF UP TO 5%. 

(F) Open space in certain districts. 

In O-R-2, O-R-3, and O-R-4 Districts, for an Ofhce-Residential 
Planned Unit Development that provides at grade permanent 

OPEN SPACE developed FOR RECREATIONAL USE, TERRACES, 
SCULPTURES, REFLECTING POOLS, FOUNTAINS, AND SIMILAR USES, A 
PREMIUM MAY BE ADDED OF A PERCENTAGE EQUAL TO 2 TIMES THE 
PERCENTAGE OF THE PLANNED UNIT DEVELOPMENT SO DEVOTED TO 
PERMANENT OPEN SPACE USES. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §12.0-3b3. 



172 



1 998- 1 999 Session Ord. 99-547 



Defined terms: 

Adjacent §1-103 May c/ §1-211 

Dwelling unit § 1 - 1 37 Permanent open space § 1 - 1 73 

Master Plan §1-160 Use §1-196 



Subtitle 4. Business Planned Unit Developments 

Part I. Use Regulations 

§ 9-401. In general. 

For an approved Planned Unit Development located in a Business 
District, the uses allowed are as specified in this Part I, subject to 

THE general provisions OF TlTIJE 3 { "GENERAL RULES" } OF THIS ARTICLE. 

Revisor's Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, §12.0-4, 
as it applies to uses. 

Defined terms: 

Use §1-196 

§ 9-402. Uses of underlying district. 

(A) Uses specified as permitted in district. 

All USES SPECIFIED AS PERMITTED USES IN THE UNDERLYING DISTRICT 
ARE ALLOWED IN A BUSINESS PLANNED UNIT DEVELOPMENT. 

(B) Uses specified as conditional in district. 

Uses specified as conditional uses in the underlying district are 
allowed in a business planned unit development to the extent 
specmcally provided in the approved development plan. 



1173 



Ord. 99-547 1998-1999 Session 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §12.0-4al and 4a2. 

Deflned terms: 

Use §1-196 

§ 9-403. Uses of other Business Districts and of M-1 Distrect. 

Uses specifed as permitted or conditional uses in other Business 
Districts and an M-1 District are allowed in a Business Planned 
Unit Development to the extent specifically provided in the 
APPROVED Development Plan. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §12.0-4a3 and 4a4. 

Defined terms: 

Use §1-196 

§ 9-404. Uses in Urban Renewal Area. 

If the Planned Unit Development is located in an Urban Renewal 
Area, uses allowed under this subtitle but disallowed by the 
governing Urban Renewal Plan are allowed in the Planned Unit 
Development to the extent specifically provided in the approved 
Development Plan. 

Revisor's Note 

This section is the Review Committee's best efforts at 
deciphering the cryptic, nigh incomprehensible provisions of 
Article 30, §12.0-4a5. 

Defined terms: 

Use §1-196 



1174 



1 998- 1 999 Session Ord. 99-547 



§ 9-405. {Reserved} 
§ 9-406. {Reserved} 

§ 9-407. In general. 



Part 11. Bulk Regulations 



For an approved Planned Unit Development located in a Business 
District, the bulk regulation requirements are as specified in this 
Part n, subject to the general provisions of Title 3 { "General 
Rules"} of this article. 

Revisor's Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, §12.0-4, 
as it applies to bulk regulations. 

§ 9-408. Area. 

(A) B-1 Districts. 

In B- 1-1, B- 1-2, AND B-1 -3 Districts, a Planned Unit Development 

MUST contain at LEAST 1 ACRE. 

(B) B-2 Districts. 

(1) In A B-2-1 District, a Planned Unit Development must 

CONTAIN AT LEAST 3 ACRES. 

(2) In B-2-2, B-2-3, and B-2-4 Districts, a Planned Unit 
Development must contain at least 2 acres. 

(c) B-3 Districts. 

( 1 ) In A B-3- 1 District, a Planned Unit Development must 
contain at least 3 acres. 

(2) In B-3-2 and B-3-3 Districts, a Planned Unit Development 

must contain at least 2 ACRES. 



1175 



Ord. 99-547 1 998- 1 999 SESSION 



(D) B-4 AND B-5 Districts. 

In B-4-1, B-4-2, B-5-1 , and B-5-2 Districts, a Planned Unit 
Development must contain at least 2 acres. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §12.0-4bl. 

Deflned terms: 

Must c/ §1-211 



9-409. Gross density. 

(A) In GENERAL 

( 1 ) In all Business Districts, dwelling units are computed for 
purposes of this section as follows: 

(I) 1 EFRCIENCY UNIT COUNTS AS 0.67 OF A DWELLING UNIT; 
AND 

(n) 1 rooming unit counts as 0.5 of a dwelling unit. 

(2) The aggregate number of dwellings units in a Business 
Planned Unit Development may not exceed the following: 

District Dwelling Units 

PER Acre 

B-1-1 District 9 

B- 1-2 District 40 

B- 1-3 District 79 

B-2-1 District 9 

B-2-2 District 40 

1176 



1998-1999 Ses 


>siON Ord. 99-547 


B-2-3 District 


79 


B-2-4 District 


218 


B-3-1 District 


9 


B-3-2 District 


40 


B-3-3 District 


79 


B-4-1 District 


256 


B-4-2 District 


363 


B-5-1 District 


As SPECinCALLY PROVIDED IN 




APPROVED Plan 



B-5-2 DISTRICT 



As SPECEFICALLY PROVIDED IN 

APPROVED Plan 



(B) Housing FOR ELDERLY. 

For HOUSING for the elderly, the density regulations 

ESTABLISHED FOR THE UNDERLYING DISTRICT APPLY. 

(c) Development encompassing 2 or more Business Districts. 

Where 2 or more Business Districts are included in a Planned 
Unit Development, dwelling units may be located without 
regard to district boundary lines, as long as the overall 
density does not exceed the aggregate density allowable for 
all the districts. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §12.0-4b2. 

See query in Revisor's Note to §9-209. 



1177 



Ord. 99-547 1 998- 1 999 Session 




Deflned terms: 






Dwelling unit §1-137 
Efficiency unit § 1 - 1 3 8 
Housing for elderly § 1 - 1 5 1 


May 
May not 
Rooming unit 


c/ §1-211 

c/ §1-211 

§1-186 



§ 9-410. Gross density premiums. 

(A) In GENERAL 

to the extent specifically provided in the approved 

Development Plan, the maximum gross densities specified in § 9- 

409 { "Gross density" } of this subtitle may be increased by up to 

25 % in accordance with one or more of the following i 

subsections. " 

(B) Near PARK LAND. 

For a Business Planned Unit Development that is adjacent to a | 

public park of at least 15 acres, a premium may be added of up to 

10%. - 

(C) Near RAPID TRANSIT. 

For a Business Planned Unit Development that is within 1/8 mile 

OF A rapid transit STATION FACILITY OR INTERCHANGE, A PREMIUM 
MAY BE ADDED OF UP TO 5%. 

(D) With dedicated recreational and educational sites. 

For a Business Planned Unit Development that has dedicated 

PUBLIC recreational AND EDUCATIONAL SITES, AS RECOMMENDED IN 

THE Master Plan, a premium may be added that is equal to the 

NUMBER OF DWELLING UNITS THAT WOULD OTHERWISE HAVE BEEN 
PERMITTED ON THE LAND SO DEDICATED. 



1178 



1 998- 1 999 Session Ord. 99-547 



(E) With unique design features. 

For a Business Planned Unit Development that provides unique 
design features requiring unusually high development costs 
and achieving an especially attractive and stable development, 
a premium may be added of up to 5%. 

(F) Open SPACE. 

For a Business Planned Unit Development that provides at 
grade permanent open space developed for recreational use, 
terraces, sculptures, reflecting pools, fountains, and similar 
uses, a premrjm may be added of a percentage equal to 2 times 
the percentage of the planned unit development so devoted to 
permanent open space uses. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §12.0-4b3. 

Defined terms: 

Adjacent § 1 - 1 03 May c/ § 1 -2 1 1 

Dwelling unit § 1 - 1 37 Permanent open space § 1 - 1 73 

MasterPlan §1-160 Use §1-196 



Subtitle 5. Industrial Planned Unit Developments 

Part I. Use Regulations 

§ 9-501. In GENERAL. 

For an approved Planned Unit Development located in an 
Industrial District, the uses allowed are as specified in this Part I, 

SUBJECT TO THE GENERAL PROVISIONS OF TTTLE 3 {"GENERAL RULES" } OF 
this ARTICLE. 



1179 



Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, §12.0-5, 
as it applies to uses. 

Deflned terms: 

Use §1-196 



9-502. Uses of underlying district. 

(A) Uses PERMmED in district. 

All uses specified as permitted uses in the underlying district 
are allowed in an industrial planned unit development. 

(B) Uses conditional in district. 

Uses specified as conditional uses in the underlying district are 
allowed in an industrial planned unit development to the 
extent specincally provided in the approved development plan. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §12.0-5al and 5a2. 

Defined terms: 

Use §1-196 



§ 9-503. Uses of Business Districts and other Industrial Districts. 

Uses specified as permitted or conditional uses in Business Districts 
and in other industrial districts are allowed in an industrial 
Planned Unit Development to the extent specdfically provided in 

THE approved DEVELOPMENT PLAN. 






i 



80 



1 998- 1 999 Session Ord. 99-547 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §12.0-5a3 and 5a4. 

Defined terms: 

Use §1-196 



§ 9-504. Uses in Urban Renewal Area. 

If the Planned Unit Development is located in an Urban Renewal 
Area, uses allowed under this subtitle but disallowed by the 
governing Urban Renewal Plan are allowed in the Planned Unit 
Development to the extent specihcally provided in the approved 
Development Plan. 

Revisor's Note 

This section is the Review Committee's best efforts at 
deciphering the cryptic, nigh incomprehensible provisions of 
Article 30, §12.0-5a5. 

Defined terms: 

Use §1-196 



§ 9-505. {Reserved} 
§ 9-506. {Reserved} 

§ 9-507. In general. 



Part 11. Bulk Regulations 



For an approved Planned Unit Development located in an 
Industrial District, the bulk regulation requirements are as 
specified in this Part II, subject to the general provisions of Title 3 
{ "General Rules" } of this article. 



118 



Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 



This section is new language derived without substantive 
change from the introductory clause of Article 30, §12.0-5, 
as it applies to bulk regulations. 



§ 9-508. Area. 

(A) M-1 Districts. 

( 1 ) In AN M- 1 - 1 District, a Planned Unit Development must 
contain at least 3 acres. 

(2) In M- 1 -2 and M- 1 -3 Districts, a Planned Unit Development 
must contain at least 2 acres. 

(B) M-2 Districts. 

( 1 ) In M-2- 1 AND M-2- 1 S Districts, a Planned Unit Development 

MUST contain at LEAST 3 ACRES. 

(2) In M-2-2 and M-2-3 Districts, a Planned Unit Development 
must contain at least 2 acres. 

(c) M-3 Districts. 

In an M-3 District, a Planned Unit Development must contain at 
least 3 acres. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §12.0-5bl. 

Defined terms: 

Must c/ §1-211 



Title 10 
Off-Street Parking Regulations 

Subtitle 1. Definitions; Overview 
1182 



1 998- 1 999 Session Ord. 99-547 

§ 10-101. Definitions. 

(A) In GENERAL 

In this title, the following terms have the meanings indicated. 

Revisor's Note 

This subsection is new language used as the standard 
introduction to a series of definitions. 

(B) Parking SPACE. 

"Parking space" means a designated area, whether open or 
enclosed, that is used for the off-street parking of a motor 
vehicle. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §13.0-2-65. 

Defined terms: 

Motor vehicle §1-162 Use §1-196 



(c) Stacking SPACE. 

"Stacking space" means off-street space allocated for the 
temporary standing of motor vehicles awaiting entry to a 
particular establishment. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §13.0-2-88. 

The former, erroneous reference to this being a "parking" 
space is deleted. The two types of spaces are distinct items; a 
"stacking space" is not simply a type of "parking space". 



1183 



Ord. 99-547 1 998- 1 999 Session 

Deflned terms: 

Motor vehicle § 1 - 1 62 

§ 10-102. Purpose. 

(A) Lessen congestion to promote pubuc safety. 

The purpose of this title is to lessen or prevent congestion of 

THE PUBLIC streets AND THOROUGHFARES AND THEREBY PROMOTE THE 
SAFETY AND WELFARE OF THE PUBLIC. 

(B) Considerations. 

( 1 ) The MINIMUM REQUIREMENTS OF THIS TITLE FOR OFF-STREET 
PARKING ARE ESTABLISHED IN ACCORDANCE WITH VARIOUS LAND 
USES. In addition, the number of parking spaces REQUIRED FOR 
USES AND ACnvrriES IS NECESSARILY VARIED ACCORDING TO THE 

location and intensity of development of the particular 
district. 

(2) Off-street parking requirements for the central business 
district are designed in recognition of existing and proposed 
public transportation facelities, as well as strategically 
located public parking fadlities. 

Revisor's Note 

This section is new language derived without substantive 
change from the introductory paragraph to Chapter 9 of 
Article 30. 



§1-190 
§1-196 



Defined terms: 




Central business district § 1 - 1 24 


Street 


Parking space §10-101 


Use 



Subtitle 2. Scope and Appucabiuty 

§10-201. New STRUCTURES AND USES. 

1184 



1 998- 1 999 Session Ord. 99-547 



For all newly-erected structures and all newly-established uses 
OF land, accessory off-street parking facelities must be provided 

FOR THAT structure AND USE, AS REQUIRED BY THIS TITLE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §9.0- lal. 

The term "newly-erected ... or -established" is substituted 
for the former reference to the "effective date of this 
ordinance". 

Defined terms: 

Accessory §1-102 Structure §1-193 

Erect §1-140 Vse §1-196 

Must c/: §1-211 

§ 10-202. Expanded structures or premises. 

(A) In GENERAL. 

Except as specified in subsection (b) of this section, if the 
intensity in use of a structure or premises is increased through 

the addition of DWELLING, EFHCIENCY, OR ROOMING UNITS, FLOOR 
AREA, SEATING CAPACITY, OR OTHER UNITS OF MEASUREMENT, OFF- 
STREET PARKING FACILmES MUST BE PROVIDED FOR THAT INCREASED 
INTENSITY, AS REQUIRED BY THIS TITLE. 

(B) Preexisting non-residence uses 

A NON-RESIDENCE USE THAT WAS LAWFULLY ESTABUSHED BEFORE 

April 20, 197 1 , does not need parking FACiLmES for the increase 
until the aggregate increase in units of measurement equals 
10% or more of the units of measurement existing on april 20, 
197 1 . Once that level of increase has been reached, however, 
off-street parking facilmes must be provided, as required by 
this title, for the total increase. 



1185 



Ord. 99-547 1 998- 1 999 SESSION 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §9.0- la2. 

In subsection (a) of this section, a reference to "rooming" 
units is added for clarity. 





Defined terms: 






Dwelling unit 


§1-137 


Premises 


§1-176 


Efficiency unit 


§1-138 


Rooming unit 


§1-186 


Floor area 


§1-144 


Structure 


§1-193 


Must 


c/ §1-211 


Use 


§1-196 






§ 10-203. Changes of use. 

(A) In GENERAL. 

Except as specified in subsection (b) of this section, whenever 

THE existing USE OF A STRUCTURE IS CHANGED TO A NEW USE, OFF- 
STREET PARKING FAdLITIES MUST BE PROVIDED, AS REQUIRED BY THIS 
TITLE, FOR THAT NEW USE. 

(B) Preexisting structures 

If the STRUCTURE WAS LAWFULLY ERECTED BEFORE APRIL 20, 1 97 1 , 
ADDITIONAL OFF-STREET PARKING FAdLITIES ARE MANDATORY ONLY IN 
THE AMOUNT BY WHICH THE REQUIREMENTS FOR THE NEW USE EXCEED 
THOSE FOR THE EXISTING USE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §9.0- la3. 

In subsection (b) of this section, the adverb "lawfully" is 
added for clarity. 





Deflned terms: 






Erect 


§1-140 


Structure 


§1-193 


Must 


c/ §1-211 


Use 


§1-196 



1186 



1 998- 1 999 Session Ord. 99-547 



§ 10-204. Preexisting facilities not to be reduced. 

Accessory off-street parking FACiLmEs that existed on April 20, 
1971, and still serve a structure or use may not be reduced below 

— or, if already below, may not be further reduced below — THE 

minimum requirements of this title for a similar new structure or 
use. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §9.0- lb. 

Deflned terms: 

Accessory §1-102 Structure §1-193 

May not c/ §1-211 Use §1-196 



§ 10-205. RESTORATION OF DESTROYED, ETC., STRUCTURES. 

If a STRUCTURE OR USE IS RESTORED AND CONTINUED IN OPERATION AFTER 
HAVING BEEN DESTROYED OR DAMAGED BY FERE, OTHER CASUALTY, OR ACT 
OF God, OFF-STREET PARKING FACILITIES MUST BE PROVIDED THAT ARE AT 
LEAST EQUIVALENT TO THOSE IN EXISTENCE AT THE TIME OF THE 
DESTRUCTION OR DAMAGE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §9.0- Id. 

Defined terms: 

Must cf: §1-211 Use §1-196 

Structure §1-193 



§ 10-206. Spaces to be used exclusively for parking. 

(A) In GENERAL. 



1187 



Ord. 99-547 1 998- 1 999 SESSION 



All parking spaces required by this title must be used solely 
for the parking of motor vehicles. 

(B) Specifically PROHIBITED USES. 

( 1 ) In NO EVENT, MAY REQUIRED PARKING SPACES BE USED FOR THE 
TEMPORARY OR PERMANENT STORAGE OF VEHICLES FOR SALE OR 
HIRE. 

(2) No MOTOR VEHICLE REPAIR WORK OR SERVICE OF ANY KIND, EXCEPT 
EMERGENCY REPAIR SERVICE, IS PERMITTED IN ANY PARKING SPACES. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §9.0-2a and 2h5. 

Defined terms: 

Must c/ §1-211 Parking space §10-101 

Motor vehicle §1-162 Use §1-196 

No ... may cf. §1-211 



§ 10-207. Exemptions; special provisions. 

(A) In Business OR Industrial District. 

( 1 ) Except as specified in paragraph (2) of this subsection, if the 
application of this title results in a requirement of no more 
than 2 spaces on a single lot in a business or industrial 
district, those off-street parking spaces need not be 
provided. 

(2) This subsection, however, does not apply to off- street 

PARKING required FOR DWELLING AND EFFICIENCY UNITS. 

(b) For slot dwellings. 

(1) In GENERAL. 



1188 



1 998- 1 999 Session Ord. 99-547 



For a single- or 2-family dwelling that is placed, 
constructed, or reconstructed in an existing row or group 
of attached or formerly attached dwellings, no off-street 

PARKING SPACES NEED BE PROVIDED IF: 

(I) NO OFF-STREET PARKING SPACE EXISTED FOR THE PREVIOUS 
DWELLING; 

(n) THE LOT ADJOINS A STREET THAT IS AT LEAST 34 FEET WIDE; 

(m) THE LOT IS LESS THAN 125 FEET DEEP; AND 

(IV) AT LEAST ONE-THIRD OF THE DWELLINGS IN THE BLOCK ARE: 

(A) OVER 10 YEARS OLD; AND 

(B) IN SUBSTANTIALLY SOUND CONDITION, AS 
DETERMINED BY THE DEPARTMENT OF HOUSING 

AND Community Development. 

(2) Regardless of lot depth or street width. 

Regardless of the depth of the lot or the width of the 
street, no off-street parking space need be provided for an 
attached dwelling that is rebuilt or replaced where the 
existing alley adjacent to the dwelling is less than 1 5 feet 

WIDE. 

(C) For PUBLIC HOUSING. 

no more than 1 parking space need be provided for every 2 
dwelling units in dwellings erected or rehabilitated to be sold 
to, to be developed by, or to be developed for the use of the 
Housing Authority of Baltimore City for low-rent public 

HOUSING. 

(D) For ELDERLY. 

No MORE THAN 1 PARKING SPACE NEED BE PROVIDED FOR EVERY 4 UNITS 
DESIGNED FOR OCCUPANCY BY THE ELDERLY IN: 



1189 



Ord. 99-547 



1998-1999 Session 



( 1 ) A FEDERALLY- ASSISTED PRIVATE OR PUBLIC HOUSING 
DWELLING; OR 

(2) HOUSING FOR THE ELDERLY. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §9.0-2b, 2m, and 2n. 





Defined terms: 






Adjacent 


§1-103 


Erect 


§1-140 


Adjoining 


§1-104 


Family 


§1-142 


Alley 


§1-108 


Housing for elderly 


§1-151 


Block 


§1-117 


Lot 


§1-154 


Dwelling 


§1-136 


Parking space 


§10-101 


Efficiency unit 


§1-138 


Street 


§1-190 



§ 10-208. Permissive parking facilities. 

Nothing in this article prevents the voluntary establishment of 
off-street parking fadlities to serve any existing use of land or 
structure, as long as all regulations governing the use, location, 
design, and operation of those fadlities are complied with. 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §9.0- Ic. 

Defined terms: 

Structure §1-193 Use 



§1-196 



Subtitle 3. General Requirements 

§10-301. PLOT PLAN. 

(A) PL\N TO SHOW FACILmES. 



1190 



1 998- 1 999 Session Ord. 99-547 

When a plot plan is submitted with an application for a building 
permit, or with an application for a use permit where a building 
permit is not required, the plot plan must include the off-street 
parking facilmes to be provided. 

(B) Form AND CONTENTS. 

The plot plan must: 

( 1 ) be drawn to scale and fully dimensioned; and 

(2) indicate the location of, and provision for: 

(i) parking spaces; 

(n) curbing and wheelstops; 

(m) PAVEMENT MARKINGS; 

(IV) SURFACING; 

(V) SCREENING AND LANDSCAPING; 

(VI) LIGHTING; AND 
(Vn) DRAINAGE; AND 

(3) contain any other pertinent information that the 
Zoning Administrator requires. 

(c) Required REVIEWS. 

( 1 ) If A PROPOSED new OR EXPANDED USE PROVIDES FOR 5 OR MORE 
NEW PARKING SPACES, THE ZONING ADMINISTRATOR MUST 
FORWARD THE PLOT PLAN FOR THAT USE TO: 

(I) THE Department of Planning; and 
(n) THE Department OF Public Works. 

(2) The Department of Public Works must determine: 



119: 



Ord. 99-547 1 998- 1 999 SESSION 

(I) COMPLIANCE WITH: 

(A) DRAINAGE REQUIREMENTS; 



(B) SIDEWALK, CURB, AND DRIVEWAY REQUIREMENTS; 
AND 

(c) other relevant standards adopted by the 
Department of Public Works; and 

(n) THE ADEQUACY OF: 

(A) ingress and egress provisions for VEHICULAR 
MOVEMENT; 

(B) safety PROVISIONS FOR PEDESTRIAN AND 

vehicular traffic; and 

(c) all safeguards needed to ensure a minimum 
of disruption to public rights-of-way and a 
maximum of safety. 

(3) Within 1 days of their having received the plot plan, the 
Department of Planning and the Department of Public 
Works must return the plot plan to the Zoning 
Administrator, with their written approvals or 
recommended modefications. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §9.0- le. 

In subsection (a) of this section, "use permit" is substituted 
for "occupancy certificate". See Revisor's Note to §2-401 
of this article. 

Also m subsection (a), the former reference to facilities "to 
be provided in compliance with this ordinance" is deleted as 
potentially misleading, since the requirements of this section 
apply not only to required facilities but, also, to permissive 
parking facilities under §10-208. 



1192 



1 998- 1 999 Session Ord. 99-547 



In subsection (c) of this section, "Department of Public 
Works" is substituted for the varying, obsolete references to 
the "Department of Transit and Traffic" and "Bureau of 
Highways". 

Defined terms: 

Expand § 1 - 1 4 1 Parking space §10-101 

Includes; including §1-152 Use §1-196 

Must c/ §1-211 



10-302. Location of FACiLrnES — to be on lot served. 

(A) In GENERAL. 

Except as specified in this subtitle, all off-street parking 
facelities must be located on the same lot as the use or 
structure served. 

(B) In REQUIRED YARDS. 

Parking spaces may be located in required yards as PERMirrED in 
§ 3-209 {"Projections... into required yards"} of this article. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §9.0-2g and the P' sentence of §9.0- 
2i. 

In subsection (b) of this section, the specific reference to §3- 
209 is substituted for the former, vague reference to "other 
chapters of this ordinance". 



§1-193 
§1-196 
§1-198 





Defined terms: 




Lot 

May 
Must 
Parking space 


§1-154 

c/ §1-211 

c/ §1-211 

§10-101 


Structure 

Use 

Yard 



1193 



Ord. 99-547 1 998- 1 999 Session 



§ 10-303. Location of facilities — exception for Planned Unit 
Developments. 

The requirements of § 10-302(a) of this subtitle do not apply to off- 
street parking FAdLITIES IN AN APPROVED PLANNED UNIT DEVELOPMENT. 
All PARKING FAdLITIES IN A PLANNED UNIT DEVELOPMENT COUNT 
TOWARDS MEETING THE PARKING SPACE REQUIREMENTS FOR ALL USES AND 
STRUCTURES IN THAT PLANNED UNIT DEVELOPMENT. 

Revisor's Note 

This section is new language derived without substantive 
change from the 4*^ sentence of Article 30, §9.0-2i. 

Defined terms: 

Parking space §10-101 Use §1-196 

Structure §1-193 



§ 10-304. Location of facilities — nearby facilities under common 

CONTROL. 

(A) In GENERAL 

Off-street parking FACiLmES may be located off-site of the lot 

ON which the structure or use BEING SERVED IS LOCATED IF: 

( 1 ) THE FAdLITIES ARE LOCATED IN A DISTRICT WHERE THIS 
PARKING IS PERMITTED OR HAS BEEN GRANTED AS A 
CONDITIONAL USE; 

(2) THE LAND ON WHICH THE OFF-SITE PARKING FAdLITIES ARE 
LOCATED IS WITHIN 300 FEET OF THE LOT LINE OF THE USE OR 
STRUCTURE SERVED; AND 

(3) THE REQUIREMENTS OF SUBSECTION (B) OF THIS SECTION ARE 
MET. 

(B) Required control of off-site facilities. 

( 1 ) Lots to be possessed by same owner. 



94 



1 998- 1 999 Session Ord. 99-547 



(I) The off-site parking FACiLrnEs must be on a lot possessed 

BY THE RECORD TITLE HOLDER OF THE LOT OCCUPIED BY THE 
STRUCTURE OR USE TO BE SERVED BY THE PARKING FACELITIES. 

(n) POSSESSION OF THE FAdLITIES FOR PURPOSES OF THIS SECTION 
MAY BE: 

(a) by deed; or 

(b) by long-term lease, the term of which must be 
equal to or greater than the useful economic 
and physical life of the structure served. 

(2) Administrator 's approval required. 

The location of the off-site parking facelities and the term 
and contents of the lease permitting the owner of the use 
or structure served to use the off-site fadlities are subject 
to the approval of the zoning administrator. 

(3) Requirements for lease or covenant. 

The lease must be recorded in the Land Records of 
Baltimore City, binding the owner of that lot and the 
owner's heirs and assigns to maintain the required number 
of parking spaces for the duration of the use served or the 
term of the lease, whichever first terminates. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §9.0-2j and the 2'^and 3"^ sentences 
of§9.0-2i. 

Throughout this section, references to a "covenant" as an 
alternative to a "lease" are deleted. In the context of this 
section, any covenant would be but one element of the 
required deed or lease, not an alternative document. 



1195 



Ord. 99-547 


1998-1999 Session 




Defined terms: 




Lot 

May 

Must 


§1-154 
c/ §1-211 
c/ §1-211 


Parking space 

Structure 

Use 



§10-101 
§1-193 
§1-196 



§ 10-305. Minimum size of space. 

Each parking space must be at least 1 80 square feet, exclusive of 
access drives or aisles. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §9.0- 2e. 

The Review Committee recommends that the size 
requirement be more specific. Any number of 
configurations — e.g., 10' x 18', 9' x 20', 8' x 9', and even 3' 
X 30' or 2' X 90' — can meet the 1 80 sq. ft. requirement but 
not be appropriate for parking spaces. 

Defined terms: 

Must c/ § 1 -2 1 1 Parking space §10-101 



§ 10-306. Required access. 

(A) To STREET OR ALLEY. 

Each parking space must be designed with safe and efhcient 
means of vehicular access to: 

(1) a street; or 

(2) an alley at least 1 5 feet wide. 

(B) Design OF DRIVEWAYS AND RAMPS. 

In ESTABLISHING PARKING SPACES UNDER THIS TITLE, DRIVEWAYS OR 
ACCESS RAMPS MUST BE DESIGNED AND CONSTRUCTED IN A WAY THAT 



1196 



1998-1999 Session Ord. 99-547 



PERMITS VEHICLES TO ENTER OR LEAVE THE PARKING SPACES WITHOUT 
HAVING TO MOVE ANY OTHER VEHICLE ONTO THE PUBLIC WAY. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §9.0-2f. 

Defined terms: 

Alley §1-108 Parking space §10-101 

Must c/ §1-211 Street §1-190 



§ 10-307. Surfacing. 

(A) In GENERAL 

Except as specified in subsection (b) of this section, parking 
spaces must be surfaced and maintained with a dustless all- 
weather material in accordance with the bublding code of 
Baltimore City. 

(B) Single- AND 2-FAMILY DWELUNGS. 

For single- and 2-family dwellings, a parking space may consist 
of 2 parallel paved parking strips, each of which is at least 1 8 
inches wide and at least 20 feet long. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §9.0-2hl. 

Defined terms: 

Dwelling §1-136 Must c/ §1-211 

Family §1-142 Parking space §10-101 

May c/ §1-211 



1197 



Ord. 99-547 1 998- 1 999 Session 



§ 10-308. Screening and landscaping near Residence or Office- 
Residence Districts. 

(a) When screening required. 

Screening is required for any parking facility with 5 or more 
parking spaces, if the facility: 

(1) either adjoins OR IS WITHIN 100 feet OF A LOT in A 

Residence or Office-Residence District; and 

(2) IS visible from the ground level of the Residence or 
Office-Residence District. 

(B) Type OE SCREENING REQUIRED. 

The facility must be effectively screened from the Residence or 
Ofhce-Residence lot by: 

( 1 ) A masonry wall or durable fence, or combination of 

THEM, THAT IS AT LEAST 4 FEET HIGH BUT NO MORE THAN 8 FEET 
high, TOGETHER WITH A PLANTING STRIP ON THE OUTSIDE OF 
THE WALL OR FENCE; 

(2) A COMPACT EVERGREEN HEDGE THAT IS AT LEAST 4 FEET HIGH 
AT THE TIME OF ITS ORIGINAL PLANTING; OR 

(3) A TERRAIN OR LANDSCAPING FEATURE, OR A RAILROAD RIGHT- 
OF-WAY OR SIDING TRACK, THAT FUNCTIONS AS AN EFFECTIVE 
SCREEN. 

(c) Design AND PLACEMENT. 

Screening and landscaping must be designed, placed, and 
maintained in good condition so as not to obstruct vehicle sight 
distances at entrances and exits. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §9.0-2h2. 



1198 



1 998- 1 999 Session Ord. 99-547 



Defined terms: 

Adjoining § 1 - 1 04 Must c/ § 1 -2 1 1 

Lot §1-154 Parking space §10-101 



§ 10-309. Lighting near Residence or Office-Residence Districts. 

If lighting is provided, it must be arranged so THAT: 

( 1 ) IT does not reflect or direct rays of light into any adjacent 
lot in an Residence or Office-Residence District; and 

(2) no direct or indirect illumination from the lighting exceeds 
vi -foot candle, when measured at the nearest point of a lot 
IN A Residence or Office-Residence District. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §9.0-2h3. 

In item (1) of this section, the former oxymoron "reflect 
direct rays" is corrected to read "reflect or direct rays". 

Defined terms: 

Adjacent §1-103 Must c/ §1-211 

Lot §1-154 

§ 10-310. Signs. 

Accessory signs are allowed for parking FACiLmEs in accordance 
WITH Title 1 1 { "Sign Regulations" } of this article. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §9.0-2h4. 

Defined terms: 

Accessory §1-102 Sign §1-189 



1199 



Ord. 99-547 1 998- 1 999 SESSION 

Subtitle 4. Required Number of Off-Street Spaces 
§ 10-401. Floor area for determining requirements. 

(A) In GENERAL 

For determining off-street parking requirements, the floor 
area of a use is the sum of the area of each floor or part of a 
floor devoted to that use. 

(B) Floor AREAS INCLUDED. 

Floor areas devoted to the following uses are included in the 
computation: 

( 1 ) ACCESSORY storage AREAS LOCATED WITHIN SELLING OR 
WORKING SPACE, SUCH AS COUNTERS OR RACKS; AND 

(2) ANY BASEMENT FLOOR AREA DEVOTED TO: 

(I) RETAILING ACnVFTIES; 

(U) THE PRODUCTION OR PROCESSING OF GOODS ; OR 

(m) BUSINESS OR PROFESSIONAL OFFICES. 

(C) Floor AREAS EXCLUDED. 

Floor areas devoted to the following uses are not included in 
the computation: 

( 1 ) floor area devoted primarily to storage purposes 
(except as specified in subsection (b)(1) of this section); 

AND 

(2) SPACE PERMANENTLY DEVOTED TO OFF-STREET PARKING OR 

LOADING FACILmES. 



1200 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-39. 

Defined terms: 

Accessory §1-102 Use §1-196 

Includes; including §1-152 



§ 10-402. Computation of spaces. 

(A) Fractional SPACES. 

When the application of this subtitle results in a requirement 
for a fractional space: 

( 1 ) ANY fraction LESS THAN ONE-HALF MAY BE DISREGARDED; 
AND 

(2) ANY FRACTION OF ONE-HALF OR MORE COUNTS AS 1 PARKING 
SPACE. 

(B) Employee-based REQUIREMENTS. 

Where parking spaces are required on a number-of-employee 
basis, the spaces must be computed on the greatest number of 
on-duty employees on the premises at any one time. 

(c) Rated-capacity-based requirements. 

Where parking spaces are required on a rated-capacity-in- 
persons basis, the "rated capacity" is the maximum number of 
people that, as determined by the zoning administrator, may 
reasonably be accommodated by the use at any one time. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §9.0-2c, 2k, and 21. 



1201 



Ord. 99-547 


1998-1999 Sess 




Defined terms: 


May 


c/ §1-211 Premises 


Must 


c/ §1-211 Use 


Parking space 


§10-101 



§1-176 
§1-196 



§ 10-403. Grouped facilities. 

Parking spaces for 2 or more separate uses may be provided 
collectively if: 

( 1 ) the total number of parking spaces so provided is at least 
equal to the sum of the separate requirements for each use; 

(2) all regulations governing the location of parking spaces in 
relation to the use served are complied with; and 

(3) no parking space serves as a required parking space for 
more than one use, unless otherwise authorized by the 
Board in accordance with § 15-208 {"Off-street parking — dm 
general"} of this article. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §9.0-2d. 

Defined terms: 

Board §1-118 Parking space §10-101 

May c/ §1-211 Use §1-196 



§ 10-404. Mixed uses. 

If 2 OR MORE USES ARE LOCATED ON THE SAME LOT OR IN THE SAME 
STRUCTURE, THE NUMBER OF PARKING SPACES REQUIRED IS THE SUM OF THE 
SEPARATE REQUIREMENTS FOR EACH USE. THE PARKING SPACES FOR 
SEPARATE USES MAY BE GROUPED AS SPECIFIED IN § 10-403 {"GROUPED 
FACILmES"} OF THIS SUBTITLE. 



1202 



1998-1999 Session 



Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from the last paragraph of the schedule in Article 30, 
§9.0-3. 

Defined terms: 



Lot 

May 

Parking space 



§1-154 

c/ §1-211 

§10-101 



Structure 
Use 



§1-193 
§1-196 



§ 10-405. Schedule of required spaces. 

Off-street parking spaces must be provided as follows: 

(1) Dwellings. 

(i) single-fame.y detached 
dwellings 



All DISTRICTS 



1 PER DWELLING UNIT 



(n) Single-family SEMI- 
DETACHED DWELLINGS 



All DISTRICTS 



1 PER DWELLING UNIT 



(ffl) Single-family ATTACHED 

DWELLINGS 



All DISTRICTS 



1 PER DWELLING UNIT 



(IV) MULTIPLE-FAMILY DWELLINGS; 
APARTMENT HOTELS; ROOMING 
HOUSES 



0-R-4,B-4-l,B-4-2, 
B-5-l,B-5-2 



1 PER 4 DWELLING UNITS, 
1 PER 8 EFFICIENCY UNITS, 
1 PER 12 ROOMING UNITS 



203 



Ord. 99-547 



1998-1999 Session 



R-l THROUGH R-9 



1 PER DWELLING UNIT, 
1 PER EFHCIENCY UNIT, 
1 PER ROOMING UNIT 



All OTHER DISTRICTS 



1 PER 2 DWELLING UNITS, 
1 PER 4 EFHCIENCY UNITS, 
1 PER 6 ROOMING UNITS 



(2) Amusement PARKS, carnivals, drive-in theaters. 

Amusement PARKS; 
permanent carnivals; 
theaters, drive-in 

all districts 1 per company or business vehicle 

maintained on the premises, plus any 
additional spaces the board 
requires after considering written 
recommendations by the 
Department of Public WorkSt 

(3) Automobile SERVICES. 

(I) Car WASHES 

All DISTRICTS 1 PER 6 EMPLOYEES, PLUS 1 SPACE FOR 

the manager or owner, plus 10 
spaces per washing lane, plus the 
number of stacking spaces the 
Department of Public Works 
requires to avoid street congestion 

(n) Gasoline service stations 

All districts 2 per service bay, plus any 
additional spaces the board 
requires after considering written 
recommendations by the 
Department of Public Works 



1204 



1998-1999 Session 



Ord. 99-547 



(4) Banking and financial services. 
Banks and building and 

LOAN associations; FINANCIAL 
INSTITUTIONS; SECURITY SALES, 
BROKERAGES, AND EXCHANGES; 
AND CHECK CASHING AGENCIES 



B-4-l,B-4-2, 
B-5-l,B-5-2 



No REQUIREMENT 



All OTHER DISTRICTS 



1 PER 400 SQUARE FEET OF 
FLOOR AREA PLUS, FOR DRIVE- 
IN ESTABLISHMENTS, THE 
NUMBER OF STACKING SPACES 

THE Department of Public 
Works requires to avoid 
street congestion 



(5) Boat SERVICES. 



(I) Marinas — in general 



In each case, the nearest boundaries of the parking 
area must be located within 300 feet of the marina 
entrance at the water's edge. there must be short- 
term parking and a drop-off area, the requirements 
for which are as determined by the department of 
Planning and the Department of Public Works. The 
Board must require landscape or other appropriate 
screening of parking and boat storage areas. 



(n) Accessory MARINAS 

All DISTRICTS 



1 PER 2 SLIPS UNLESS REDUCED 
BY VARIANCE UNDER § 15-209 
{ "OFF-STREET PARKING — 
MARINAS"} 



1205 



Ord. 99-547 



998-1999 Session 



(ni) Dry STORAGE MARINAS 
(BOATELS) 

All districts 



1 PER 3 SLIPS (During the off- 
season, September 15 to May 14, 
the parking area may be used 
for the storage of boats, 
trailers, or other related 
materials, as long as at least 
10% of required parking 

REMAINS.) 



(IV) Industrial marinas 

(BOAT REPAIR FAdLITIES) 

All DISTRICTS 



1 PER 3 SLIPS 



(V) Recreational MARINAS 

All DISTRICTS 1 PER 2 SLIPS 

(6) Bowling establishments. 

Bowling establishments 
B^-l,B-4-2, 

B-5- 1 , B-5-2 No REQUIREMENT 

All other districts 4 per bowling lane 

(7) Clubs AND LODGES. 

Clubs and lodges; club houses; 

TENNIS AND LACROSSE CLUBS 



0-R-4,B-4-l,B-4-2, 
B-5-1-, B-5-2 



No REQUIREMENT 



1206 



1998-1999 Session 



Ord. 99-547 



R-9,R-10,O-R-2, 
0-R-3,B-l-3,B-2-3, 
B-2-4, B-3-3 



1 PER 10 PERSONS OF RATED 
CAPACITY 



All other districts 



1 PER 4 persons of rated 
CAPACITY 



(8) Fire AND POLICE. 

Fire and police stations 

All DISTRICTS 

(9) Fraternities AND SORORITIES. 

Fraternity and sorority houses 



1 for each 2 EMPLOYEES 



0-R-4,B-4-l,B-4-2, 
B-5-l,B-5-2 

R-10,O-R-3 



No requirement 

1 PER 10 PERSONS OF RATED 
CAPACITY 



All OTHER DISTRICTS 



1 PER 4 PERSONS OF RATED 
CAPACITY 



(10) Furniture AND APPLIANCES. 

Furniture stores; electrical 
and household appliance stores 



B^l,B-4-2, 
B-5-l,B-5-2 



No REQUIREMENT 



B-2-2,B-2-3, B-2-4, 
B-3-2, B-3-3 



I 



1207 



1 PER 1 ,000 SQUARE FEET OF 
FLOOR AREA IN EXCESS OF 4,000 
SQUARE FEET 



Ord. 99-547 



1998-1999 Session 



All other districts 

(11) Health care services. 

(I) Hospitals 

R-9,R-10,O-R-2, 
O-R-3, O-R-4, B-2-3, 
B-3-3,B-4-l,B-4-2, 
B-5-l,B-5-2 

All other districts 



1 PER 500 square feet of 
floor area in excess of 1 ,000 
square feet 



1 PER 10 HOSPITAL BEDS, PLUS 1 
PER 6 EMPLOYEES INCLUDING 
STAFF DOCTORS 

1 PER 5 HOSPITAL BEDS, PLUS 1 
PER 3 EMPLOYEES INCLUDING 
STAFF DOCTORS 



(n) INSTITUTIONS FOR THE CARE OF 
THE AGED AND FOR CHILDREN; 
CONVALESCENT, NURSING, AND 
REST HOMES 



R-9,R-10,O-R-2, 
O-R-3, O-R-4, B-3-3, 
B-5-L, B-5-2 



All other districts 



1 PER 10 BEDS, PLUS 1 PER 6 
EMPLOYEES INCLUDING STAFF 
DOCTORS 

1 PER 5 BEDS, PLUS 1 PER 6 
EMPLOYEES INCLUDING STAFF 
DOCTORS 



(m) Massage therapists ofhces 

O-R, M- 1 , M-2, M-3 1 PER MASSAGE therapist' s 

station or table at the 
location 

All other districts No requirement 



1208 



1998-1999 Session 



Ord. 99-547 



(IV) Medical and dental clinics 

M-l-3,M-2-3,B-4-l, 
B-4-2,B-5-l,B-5-2 

M-l-2,M-2-2,B-2-2, 

B-2-3,B-2-4,B-3-2, 

B-3-3 



All other districts 



No requirement 



1 PER 400 square feet of 
floor area in excess of 
1,000 square feet 

1 per 200 square feet of 
floor area 



( 1 2) Heliports and helistops. 

Heliports and helistops 
All districts 



As THE Board requires 

AFTER considering 
WRITTEN 
RECOMMENDATIONS BY 

THE Department of 
Public Works 



(13) Hiring halls, etc. 



Hiring halls and work 
distribution centers; union 

HALLS; PAY distribution CENTERS; 
employment AGENCIES 



M-2-3,B-4-l,B-4-2, 
B-5-l,B-5-2 

All other districts 



No requirement 

1 PER 10 persons OF 
RATED CAPACITY 



1209 



Ord. 99-547 



1998-1999 Session 



(14) Hotels, motels, and bed and breakfasts. 
(I) Hotels and motels 



M-l-3,M-2-3,B-4-l 
B-4-2,B-5-l,B-5-2 



1 PER 8 DWELLING, 
EFFICIENCY, OR ROOMING 
UNITS 



ALL OTHER DISTRICTS 



1 PER DWELLING, 
EFFICIENCY, OR ROOMING 
UNIT 



(II) Bed AND BREAKFAST 
ESTABLISHMENTS 



R-8,R-9,R-10,O-R, 
B-2,B-3,B-4,B-5 



1 PER GUEST ROOM, PLUS 
1 PER DWELLING UNIT 



(m) Bed AND BREAKFAST HOMES 

R-7,R-8,R-9,R-10, 
O-R, B-2, B-3, B-4, 
B-5 



1 PER GUEST ROOM, PLUS 
1 PER DWELLING UNIT 



(15) Libraries, galleries, museums, etc. 

Libraries and art galleries; 
museums; aquariums and 
planetarrjms; science centers 

0-R-4,B-4-l,B-4-2, 
B-5-l,B-5-2 

R-9,R-10,O-R-2, 
0-R-3,B-3-3 



No REQUIREMENT 



1 PER 4 EMPLOYEES, PLUS 1 
PER 4,000 SQUARE FEET OF 
FLOOR AREA 



210 



1998-1999 Session 



Ord. 99-547 



All other districts 



1 PER 2 EMPLOYEES, PLUS 1 
PER 2,000 SQUARE FEET OF 
FLOOR AREA 



(16) Manufacturing, etc. 

Manufacturing, production, 

PROCESSING, fabrication, 
ASSEMBLY, PACKAGING, 
COMPOUNDING, PRINTING^ 
PUBLISHING, BOOKBINDING, 
SERVICING, TESTING, RECLAIMING, 
REBUILDING, REPAIRING, MIXING, 
AND CLEANING OF MATERIALS, 
GOODS, OR PRODUCTS 



B-4-l,B-4-2,M-l-3, 
M-2-3,B-5-l,B-5-2 



No REQUIREMENT 



ALL OTHER DISTRICTS 



1 PER 4 EMPLOYEES, PLUS 1 
PER COMPANY OR BUSINESS 
VEHICLE MAINTAINED ON 
THE PREMISES 



( 1 7) Offices and other business or commercial establishments. 



) 



(I) OFHCES, BUSINESS, 
GOVERNMENTAL, AND 
PROFESSIONAL 

0-R-4,M-l-3,M.2-3, 

B-2-4,B-5-l,B-5-2, 

B-4-l,B-4-2 



1 PER 2,000 SQUARE FEET 
OF FLOOR AREA IN EXCESS 
OF 50,000 SQUARE FEET 



1211 



Ord. 99-547 



998-1999 Session 



R-10,O-R-2,O-R-3, 
B-l-2,B-l-3,B-2-2, 
B-2-3, B-3-2, B-3-3, 
M-l-2,M-2-2 



1 PER 800 SQUARE FEET OF 
FLOOR AREA IN EXCESS OF 
2,000 SQUARE FEET 



All OTHER DISTRICTS 



1 PER 400 SQUARE FEET OF 
FLOOR AREA IN EXCESS OF 
1,000 SQUARE FEET 



(II) Other BUSINESS AND 

COMMERCIAL ESTABLISHMENTS 
— NOT OTHERWISE PROVIDED FOR 
IN THIS SECTION 



B-2-4,B-4-l,B-4-2, 
B-5-l,B-5-2 



No REQUIREMENT 



B-l-2,B-l-3,B-2-2, 
B-2-3, B-3-2, B-3-3, 

B-3-2,M-l-3,M-2-2, 
M-2-3 



1 PER 800 SQUARE FEET OF 
FLOOR AREA IN EXCESS OF 
4,000 SQUARE FEET 



All OTHER DISTRICTS 



1 PER 400 SQUARE FEET OF 
FLOOR AREA IN EXCESS OF 
1 ,000 SQUARE FEET 



( 1 8) Philanthropic and consular services. 

Philanthropic and charitable 
institutions; foreign consulates 
and consular ofhces 



B-4-l,B-4-2, 

B-5-l,B-5-2 



No REQUIREMENT 



1212 



1998-1999 Session 



Ord. 99-547 



All other districts 



1 PER 4 EMPLOYEES, PLUS 
ANY ADDITIONAL SPACES 

THE Board requires 

AFTER considering 

written 

recommendations by 
THE Department of 
Public Works 



(19) PlANNED UNIT DEVELOPMENTS. 

Planned unit developments — 
residential, office-residential, 
business, industrial 



All DISTRICTS 



The required number 

SET forth in this SECTION 

for each use, plus any 
additional spaces 
required by the city 
Council after 
considering written 
recommendations by 
THE Board, the 
Department of Public 
Works, and the 
Planning Commission 



(20) Pool AND BILUARDS. 

Pool halls and billiard parlors 



B-5-l,B-5-2, 
B-4-l,B-4-2 



No REQUIREMENT 



All OTHER DISTRICTS 



1 PER 10 PERSONS OF 
RATED CAPACITY 



1213 



Ord. 99-547 



1998-1999 Session 



(21) Prepared FOOD. 

(I) Restaurants and lunch rooms; 

CARRY-OUT FOOD SHOPS 



B-2-4,B-4-l,B-4-2, 
B-5-l,B-5-2 



No requirement 



B-l-2,B-l-3,B-2-2, 
B-2-3, B-3-2, B-3-3, 

M-2-2 



1 per 400 square feet of 
floor area^ plus, for 
drive-in establishments, 
the number of stacking 
SPACES THE Department 
OF Public Works 
requires to avoid street 
congestion 



All other districts 



1 PER 200 SQUARE FEET OF 
FLOOR AREAt^ plus, FOR 
DRIVE-IN establishments, 
THE NUMBER OF STACKING 

SPACES THE Department 
OF Public Works 
requires to avoid street 
congestion 



(n) Prepared FOOD 

DELIVERY services 



B-2 



As the Department of 
Public Works requires 



214 



1998-1999 Session 



Ord. 99-547 



(22) PUBUC ASSEMBLIES; RECREATIONAL FACILITIES. 

(I) Auditoriums and concert 

HALLS; convention HALLS; 
MEETING AND BANQUET HALLS; 
AUCTION ROOMS; EXHIBIT ROOMS; 
AMUSEMENT ESTABLISHMENTS; 
THEATERS; DANCE HALLS 



B-2-4,B-4-l,B-4-2, 
B-5-l-,B-5-2 



No REQUIREMENT 



All other districts 



IPER 10 PERSONS OF 
RATED CAPACITY 



(n) Bingo HALLS 

B-5-l,B-5-2 



No REQUIREMENTS 



B-4-l,B-4-2, 
B-2-4,B-3-3 



iPER 10 PERSONS OF 
RATED CAPACITY 



All other districts 



1 PER 4 persons of 
RATED CAPACITY 



I 



(ffl) Recreation buildings 

and COMMUNITY CENTERS; 
MULTIPURPOSE NEIGHBORHOOD 
CENTERS; SWIMMING POOLS 

All DISTRICTS 



As THE Board 

REQUIRES AFTER 
CONSIDERING WRITTEN 
RECOMMENDATIONS 
BY THE DEPARTMENT 

OF Public Works 



1215 



Ord. 99-547 



1998-1999 Session 



(IV) Recreation FACiLmES, 

INDOOR OR OUTDOOR 



All DISTRICTS 



IV2 PER TEE STAND, 
BATTING CAGE, 
MINIATURE GOLF HOLE, 
OR ACTIVITY STATION, 
OR AS RECOMMENDED 

BY THE Planning 
Department 



(23) PUBUC UTILITIES, TRANSPORTATION, GOVERNMENTAL 

Public UTiLnT uses, 

TRANSPORTATION USES, AND 
GOVERNMENTAL SERVICES — 
NOT OTHERWISE PROVIDED FOR 
DM THIS SECTION 



ALL DISTRICTS 



As THE Board 

REQUIRES AFTER 
CONSIDERING WRITTEN 
RECOMMENDATIONS 

BY THE Department 
OF Public Works 



(24) Radio, television, recording stations and studios. 

Radio and television stations 
and studios; recording studios 



B-4-l,B-4-2, 
8-5-1,3-5-2 

All OTHER DISTRICTS 



No REQUIREMENT 
1 PER 2 EMPLOYEES 



1216 



1998-1999 Session 



Ord. 99-547 



(25) REUGIOUS INSTITUTIONS. 

(I) Churches, temples, and 

SYNAGOGUES 



0-R-4,B-4-l,B-4-2, 
B-5-l,B-5-2 

R-9,R-10,O-R-2, 
0-R-3,B-2-3,B-3-3 



No REQUIREMENT 



1 PER 20 SEATS 



All other districts 



For a religious institution 

WHOSE worshipers ARE 
REQUIRED TO WALK TO 
WORSHIP BECAUSE OF 
RELIGIOUS TENET 

For ALL OTHER FACILrnES 



1 PER 8 SEATS 
1 PER 4 SEATS 



(n) Convents, SEMINARIES, 

AND MONASTERIES 



All DISTRICTS 

(26) Retail establishments. 

Retail sales establishments (not 
including furniture stores, and 
electrical and household 
appliance stores) 

B-2-4,B^-l,B-4-2, 
B-5-l,B-5-2 

B-l-2,B-l-3,B-2-2, 
B-2-3, B-3-2, B-3-3 



IPER 10 RESIDENTS 



No REQUIREMENT 



1 PER 600 SQUARE 
FEET OF FLOOR AREA IN 
EXCESS OF 4,000 
SQUARE FEET 



1217 



Ord. 99-547 



1998-1999 Session 



All OTHER DISTRICTS 



(27) Schools. 

(I) Elementary schools ; 

MIDDLE SCHOOLS 



1 PER 300 SQUARE FEET OF 
FLOOR AREA IN EXCESS OF 
1,000 SQUARE FEET 



R-9,R-10,O-R-2, 
O-R-3, 0-R-4 



1 PER 4 TEACHERS AND 
EMPLOYEES, PLUS 1 PER 24 
AUDITORIUM (OR OTHER 
PUBLIC ASSEMBLY 
FACILITY) SEATS 



All other districts 



1 PER 2 TEACHERS AND 
EMPLOYEES, PLUS 1 PER 12 
AUDITORIUM (OR OTHER 
PUBLIC ASSEMBLY 
FACILITY) SEATS 



(n) High SCHOOLS; COMMUNITY 

COLLEGES; COLLEGES AND 
UNIVERSITIES; BUSINESS COLLEGES 
AND COMMERCIAL SCHOOLS; 
TRADE SCHOOLS 



R-9,R-10,O-R-2, 
O-R-3, 0-R-4,B-2-3, 
B-3-3,B-4-l,B-4-2, 
B-5-l,B-5-2 



1 PER 4 TEACHERS AND 
EMPLOYEES, PLUS 1 PER 24 
STUDENTS (BASED ON THE 
GREATEST NUMBER OF 
STUDENTS ON THE 
PREMISES AT ANY ONE 
TIME) 



1218 



1998-1999 Session 



Ord. 99-547 



All other districts 



(in) Schools and studios 

— MUSIC, DANCE AND 
BUSINESS; DAY NURSERIES 
AND NURSERY SCHOOLS 



1 PER 2 TEACHERS AND 
EMPLOYEES, PLUS 1 PER 12 
STUDENTS (BASED ON THE 
GREATEST NUMBER OF 
STUDENTS ON THE 
PREMISES AT ANY ONE 
TIME) 



All districts 



1 PER 2 TEACHERS AND 
EMPLOYEES 



(28) Stadiums AND RACETRACKS. 

Stadiums and racetracks 



All DISTRICTS 



1 PER 6 PERSONS OF RATED 
CAPACITY 



(29) Undertaking estabushments. 

Undertaking establishments 
and funeral parlors 



All districts 



6 PER reposing room OR 
PARLOR, PLUS 1 PER 
COMPANY OR BUSINESS 
VEHICLE MAINTAINED ON 
THE PREMISES, PLUS THE 
NUMBER OF STACKING 

SPACES THE Department 
OF Public Works 

REQUIRES TO AVOID STREET 
CONGESTION 



1219 



Ord. 99-547 1 998- 1 999 Session 



(30) Wholesalers, distributors, etc. 

Wholesale establishments; 
storage and warehousing; 
mail order houses and 
distribution centers; parcel 
collection and delivery stations; 
distribution and sales 
of industrial supplies 

M-l-3,M-2-3,B-4-l, 

B-4-2, B-5- 1 , B-5-2 No requirement 

All other districts 1 per 3 employees, 

plus 1 per company 
or business vehicle 
maintained on the 

PREMISES 

Revisor's Note 

This section is new language derived without substantive 
change from the schedule contained in Article 30, §9.0-3 (as 
amended by Ord. 97-143 and Ord. 98-252). 

Throughout this section, obsolete references to "Department 
of Transit and Traffic" and "Department of Transportation" 
are corrected to refer to the Department of Public Works. 

In item (l)(iv) of this section, the requirements for multiple- 
family dwellings, etc., in O-R-4, etc.. Districts are corrected 
to conform to those specified in Ordinance 92-130, rather 
than as erroneously printed in the 1995 Cumulative 
Supplement. (The requirements in item (l)(iv) for 
Residence and all other districts comport with official Code, 
though they differ from their erroneous counterparts in the 
privately published Early Edition.) 

In items (2), (29), and (30 of this section, former references 
to "vehicle[s] maintained on ... premises" are clarified to 
refer to "company or business vehicle[s] maintained on ... 
premises". This change conforms to the usage in item (16). 



220 



1998-1999 Session 



Ord. 99-547 



In item (1 l)(iii) of this section, the "all other districts" entry 
is added for clarity, inasmuch as this use is allowed in 
certain Business Districts as well. 

In items (14)(ii) and (iii) of this section, "dwelling unit" is 
substituted for the former, inconsistent and misleading 
references to "owner-occupant" and "occupant", 
respectively. 

With respect to item (21)(i) of this section, the additional 
requirement for drive-ins formerly appeared but once, at the 
end of the listings, rendering its applicability ambiguous. 
This revision repeats the requirement to clarify, in 
accordance with administrative practice, its broader 
applicability to both of the listings. 

In items (27)(i) and (ii) of this section, obsolete references to 
"junior high schools", "senior high schools", and "junior 
colleges" are corrected to refer, respectively, to "middle 
schools", "high schools", and "community colleges". 



Defined terms: 








Apartment hotel 


§1-111 


Includes; including 




§1-152 


Bed and breakfast est't 


§1-115 


Marina 




§1-157 


Bed and breakfast home 


§1-116 


Marina entrance 




§1-158 


Board 


§1-118 


Massage therapist's office 


§1-159 


Car wash 


§1-123 


May 




c/ §1-211 


Clinic: medical or dental 


§1-126 


Must 




c/ §1-211 


Club or lodge: private 


§1-127 


Nursery school 




§1-168 


Convalescent ... home 


§1-129 


Parking space 




§10-101 


Day nursery 


§1-132 


Premises 




§1-176 


Drive-in establishment 


§1-135 


Recreational facility. 


indoor §1-179 


Dwelling 


§1-136 


Recreational facility. 


outdoor §1-180 


Dwelling unit 


§1-137 


Rooming house 




§1-185 


Efficiency unit 


§1-138 


Rooming unit 




§1-186 


Family 


§1-142 


Stacking space 




§10-101 


Floor area 


§1-144 


Street 




§1-190 


Gasoline service station 


§1-146 


Use 




§1-196 


Heliport 


§1-148 


Wholesale establishment 


§1-197 


Helistop 


§1-149 









Subtitle 5. Parking Lot Districts 
10-501. "Parking lot" defined. 



1221 



Ord. 99-547 1 998- 1 999 Session 



In this subtitle, "parking lot" means land used for the off-street 
parking of 3 or more motor vehicles, together with the adjoining 
and perimeter areas required by this subtitle or by any other law 
OF Baltimore City. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1" sentence of Article 30, §9.0-3b. 

Deflned terms: 

Adjoining §1-104 Use §1-196 

Motor vehicle § 1 - 1 62 



§ 10-502. Scope of subtitle. 

(A) In GENERAL 

Except as otherwise specified in this section, this subtitle applies 
to all parking lots in the parking lot districts described in § 
10-503 {"Delineation OF Districts"} of this subtitle. 

(B) Exceptions — Planned Unit Developments. 

This subtitle does not apply to any parking lot that is included 

IN AN approved PLANNED UNIT DEVELOPMENT. 

(c) Exceptions — temporary lots in Urban Renewal Areas. 

( 1 ) Except as specified in paragraph (2) of this subsection, 
nothing in this subtitle applies to a person seeking to 
establish a temporary parking lot within the boundaries of 
ANY Urban Renewal Area. 

(2) In the Parking Lot District, a person may estabush a 
temporary parking lot within the boundaries of an urban 
Renewal Area for a period not to exceed 1 8 months. 



1222 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from the 2"^ through 4^^ sentences of Article 30, 
§9.0-3b. 

In this section and throughout this subtitle, obsolete 
references to the "District" are corrected to refer to the 
plural "Districts". 

In subsection (c)(1) of this section, the former reference to 
an Urban Renewal Area that has been "approved by 
ordinance" is deleted as unnecessary. By law, an Urban 
Renewal Area can be established only by ordinance. See 
City Code Article 13. 

Defined terms: 

May c/ §1-211 Person §1-174 

Parking lot §10-501 



§ 10-503. Delineation of Districts. 

The Parking Lot Districts comprise the folxowing parts of the City: 
(1) District L 

Beginning for the same at the point formed by the intersection of 

THE east side OF GUILFORD AVENUE, AS NOW LAID OUT, AND THE 
SOUTHWEST SIDE OF THE FALLS WAY, AS NOW LAID OUT, AND RUNNING 
THENCE BINDING ON THE SOUTHWEST, WEST, AND NORTHWEST SIDES OF SAID 
FaLLSWAY, CROSSING CHASE STREET, EAGER STREET, MaDISON STREET, 

MONUMENT Street, Centre Street, Orleans Street, Hillen Street, 
Gay Street, Lexington Street, and Fayette Street, southeasterly, 
southerly, and southwesterly direction 5340 feet, more or less, to 
intersect the north side of baltimore street, as now laid out; 
thence by a straight line, crossing said baltimore street, 
southwesterly 80 feet, more or less, to tpie southwest corner of 
SAID Baltimore Street and Westfalls Avenue, as now laid out; 

THENCE BINDING IN PART ON THE SOUTHWEST SIDE OF SAID WeSTFALLS 

Avenue, in part on the line of the southwest side of said Westfalls 
Avenue if projected southeasterly and in all crossing Water 
Street and Lombard Street, southeasterly 1 150 feet, more or less, 
to intersect the south side of pratt street, as now laid out; 
thence binding on the south side of said pratt street, westerly 

1223 



r 



Ord. 99-547 1 998- 1 999 Session 



1 100 feet, more or less, to i^^^ersect the west side of pler 3; thence 
binding on the west side of pler 3, southerly 727 feet, more or less, 
to the southwest corner of pler 3; thence binding in part on the 
line of the proposed pierhead and bulkhead line if projected 
northeasterly, in part on the proposed pierhead and bulkhead 
Line and in all, southwesterly 853 feet, more or less, to the point 
formed by the intersection of the existing plerhead and bulkhead 
Line and the east side of Battery Avenue; thence binding on the 
EXISTING Pierhead and Bulkhead Line, easterly 720 feet, more or 
less, to intersect the line of the west side of covington street, as 
now laid out, if projected northerly; thence binding in part on last 
said line so projected, in part on the west side of said covington 
street and in all, southerly 350 feet, more or less, to intersect 
the north side of key highway, as now laid out; thence binding on 
the north side of said key highway, crossing henry street and 
Battery Avenue, westerly 1 1 00 feet, more or less, to intersect the 

EAST SIDE OF WlLUAM STREET AS NOW LAID OUT; THENCE BY A STRAIGHT 
LINE, CROSSING SAID KEY HIGHWAY, WESTERLY 200 FEET, MORE OR LESS, TO 

the point formed by the intersection of the southwest side of said 
Key Highway and the north side of Hughes Street, as now laid out; 
thence binding in part of the north side of said hughes street, 
CROSSING Light Street, Charles Street and Hanover Street, in part 
ON the line of the north side of said Hughes Street if projected 
westerly and in all, westerly 2600 feet, more or less, to intersect 
the northwest side of eutaw street, as now laid out: thence 
binding on the northwest and west sides of said eutaw street, 
CROSSING Lee Street, Houser Street, and Conway Street, 

NORTHEASTERLY AND NORTHERLY DIRECTION 1900 FEET, MORE OR LESS TO 
INTERSECT THE NORTH SIDE OF CaMDEN STREET, AS NOW LAID OUT; THENCE 
BINDING ON THE NORTH SIDE OF SAID CaMDEN STREET, WESTERLY 300 FEET, 
MORE OR LESS, TO INTERSECT THE EAST SIDE OF PaCA STREET, AS NOW LAID 
OUT; THENCE BINDING ON THE EAST SIDE OF SAID PaCA STREET, CROSSING 

Pratt Street, Lemmon Street, Lombard Street, Redwood Street, 
Baltimore Street, Fayette Street, Lexington Street, Saratoga 
Street, Mulberry Street, Franklin Street and Centre Street, 
northerly 4400 feet, more or less, to intersect the southeast side 
OF St. Mary Street, as now laid out; thence by a straight line 

CROSSING MCCULLOH STREET, NORTHEASTERLY 250 FEET, MORE OR LESS, 
TO THE EAST CORN-ER OF SAID ST. M ARY STREET AND MCCULLOH STREET, 

as now laid out; thence binding on the southeast side of said st. 
Mary Street, northeasterly 1 50 feet, more or less, to intersect 
the une of the northeast side of tiffany alley, as now laid out 
BETWEEN St. Mary Street and Biddle Street, if projected 

southeasterly; thence BINDING IN PART ON LAST SAID LINE SO 
PROJECTED, IN PART ON THE NORTHEAST SIDE OF SAID TIFFANY ALLEY, IN 
PART ON THE LINE OF THE NORTHEAST SIDE OF SAID TIFFANY ALLEY, IF 
PROJECTED NORTHWESTERLY, CM PART ON THE NORTHEAST SIDE OF TIFFANY 



1224 



1 998- 1 999 Session Ord. 99-547 



Alley, as now laid out between Presstman Street and Gold Street 
and in all northwesterly 5800 feet, more or less, to intersect the 
southeast side of gold street, as now laid out; thence binding on 
the southeast side of said gold street, northeasterly 1 50 feet, 

MORE OR LESS, TO INTERSECT THE SOUTHWEST SIDE OF MaDISON AVENUE, 

as now laid out; thence by a straight line, crossing said madison 
Avenue, northwesterly 1 80 feet, more or less, to the west corner 
OF SAID Madison Avenue and North Avenue, as now laid out; thence 

BINDING ON THE SOUTHWEST SIDE OF SAID MaDISON AVENUE, 
NORTHEASTERLY 400 FEET, MORE OR LESS, TO INTERSECT THE LINE OF THE 
SOUTH SIDE OF LENNOX STREET, AS NOW LAID OUT BETWEEN PARK AVENUE 

AND Callow Avenue, if projected westerly; thence binding in part 

ON LAST said UNE SO PROJECTED, IN PART ON THE SOUTH SIDE OF SAID 

Lennox Street, in part on the line of the south side of said Lennox 
Street if projected easterly and in all, crossing Morris Street, 
EuTAW Place, Linden Avenue, Callow Avenue, Bolton Street, Park 
Avenue, and Mt. Royal Terrace, easterly 4900 feet, more or less, 
to intersect the west side of howard street, as now laid out; 
thence by a straight line, crossing said howard street, easterly 
66 feet, more or less, to the southeast corner of said howard 
Street and Twentieth Street, as now laid out; thence binding on 

THE SOUTH side OF SAID TWENTIETH STREET, CROSSING MARYLAND 

Avenue, Charles Street, and St. Paul Street, easterly 1550 feet, 

MORE OR LESS, TO INTERSECT THE EAST SIDE OF CaLVERT STREET, AS NOW 
LAID out; thence BINDING ON THE EAST SIDE OF SAID CaLVERT STREET, 

southerly 300 feet, more or less, to intersect the north side of 
North Avenue, as now laid out; thence binding on the north side of 
LAST SAID North Avenue, easterly 400 feet, more or less, to 
intersect the line of the aforesaid east SIDE OF Guilford Avenue, if 

PROJECTED northerly, AND THENCE BINDING IN PART ON LAST SAID LINE SO 
PROJECTED, IN PART ON THE EAST SIDE OF SAID GUILFORD AVENUE AND IN 
ALL, CROSSING NORTH AVENUE, LAFAYETTE AVENUE, LANVALE STREET, 

Federal Street, Oliver Street, Preston Street, Biddle Street, and 
The Falls way, southerly 3 1 00 feet, more or less, to the place of 
beginning. 

(2) District II 

Beginning at the intersection of East Twenty-Fifth Street and 
Guilford Avenue, thence westwardly along the southerly side of 
East Twenty-Fifth Street and West Twenty-Fifth Street to the 
intersection of Huntingdon Avenue, thence on the northwesterly 
side of Huntingdon Avenue, the northerly side of Thirty-First 
Street, the northwesterly side of Wyman Park Drive, the 

NORTHERLY SIDE OFTwENTY-NINTH STREET, AND THE WESTERLY SIDE OF 

Charles Street to the intersection of University Parkway; thence 
ON the northeasterly side of University Parkway to the 



1225 



Ord. 99-547 1 998- 1 999 Session 



INTERSECTION OF GUILFORD AVENUE, AND THENCE ON THE EASTERLY SIDE 

OF Guilford Avenue to the intersection of East Twenty-Fifth 
Street, the place of beginning. This parking lot district includes 

BOTH SIDES OF THE streets DESCRIBED ABOVE. 

Revisor's Note 

This section is derived without change from Article 30, 
§9.0-3a. 

§ 10-504. Ordinance required to establish lot in District. 

(A) In GENERAL 

In the Parking Lot Districts, no land may be used as a parking 
lot nor may any building be razed so as to permit the use of the 

LAND as a parking LOT UNLESS AUTHORIZED BY AN ORDINANCE OF THE 

Mayor and City Council. 

(B) Considerations. 

This requirement is to permit the Mayor and City Council, while 
considering the proposed ordinance, to consider and evaluate: 

(1) the need for the parking lot; 

(2) the proposed appearance of the parking lot; and 

(3) possible aesthetic damage to the area surrounding the 
parking lot, with particular respect to the proposed 
removal of historic or aesthetically valuable 
properties. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §9.0-3c. 

Defined terms: 

Building §1-121 Parking lot §10-501 

No. ..may c/ §1-211 Use §1-196 



1226 



1 998- 1 999 Session Ord. 99-547 

§ 10-505. Procedures, standards, and approvals. 

(A) In GENERAL. 

In addition to any other requirements of this article, a parking 
LOT in the Parking Lot District must comply with the 
procedures, standards, and approvals required by this section. 

(B) Buffer zone. 

( 1 ) Any side of a parking lot that faces a street must have an 
empty or buffer zone at least 3 feet wide in which no 

PARKING, BUILDING, OR OTHER USE EXISTS, EXCEPT AS SPECIFIED IN 
THIS SECTION. 

(2) THIS EMPTY OR BUFFER ZONE MUST BE USED FOR A WALL THAT IS: 

(I) AT LEAST 3 FEET HIGH ABOVE GROUND LEVEL; AND 

(n) CONSTRUCTED OF ATTRACTIVE AND DURABLE BRICK, 
STONE, CONCRETE BLOCK, OR METAL GREX FACING. 

(c) Review BY Planning. 

( 1 ) When introducing an ordinance to authorize a parking lot 
IN THE Parking Lot District, the person requesting the 
ordinance must submit to the Department of Planning a 
precise architectural plan of: 

(I) the parking LOT; 

(n) the masonry or metal facing; 
(m) the shrubbery and trees, if any, to be planted; 
(iv) the type of structure to be constructed; and 
(v) the advertising sign to be used. 

(2) The Department of Planning must: 



227 



Ord. 99-547 1 998- 1 999 SESSION 



(i) consider the proposals from the standpoint of their 
attractiveness and their effect on the aesthetic 
beauty of the surrounding area; and 

(n) within 30 days of its receipt of the plan, file with the 
City Council a written advisory report that: 

(a) indicates whether it approves or 
disapproves of the plan; and 

(B) DF IT DISAPPROVES, SETS FORTH THE 

MODIFICATIONS THAT IT RECOMMENDS TO 
ACCOMPLISH THE PURPOSES OF THIS SUBTITLE. 

(D) Signs. 

All SIGNS THAT IDENTIFY OR REFER TO THE PARKING LOT MUST BE: 

( 1 ) of a non-flashing type; and 

(2) in accordance with regulations of the department of 
Planning, constructed so as to blend with surrounding 
properties and to be in accordance with the aesthetic 
beauty of the surrounding area. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §9.0-3d. 

In subsection (b)(1) of this section, the former reference to 
an "open" street is deleted as unnecessary given the general 
definition of "street". 

In subsection (b)(2)(ii) of this section, "facing" is substituted 
for "fencing", for consistency with the terminology used in 
subsection (c)(l)(ii) and for clarity. 

In subsections (c) and (d) of this section, "Department of 
Planning" is substituted for references to the "Civic Design 
Commission" to conform to long-standing practice. 



228 



1998-1999 Session 



Ord. 99-547 



Building 
Must 

Parking lot 
Person 



Defined terms: 

§1-121 

c/ §1-211 

§10-501 

§1-174 



Sign 
Street 
Structure 
Use 



§1-189 
§1-190 
§1-193 
§1-196 



General Revisor's Note to Subtitle 

In revising this subtitle. Article 30, §9.0-3e was deleted. 
That provision, stating that §9.0-3 was "in addition to and 
not in substitution for any other provisions" of law, says 
nothing that isn't (or, at least, shouldn't be) true of most 
legislation. 

Title 11 
Sign Regulations 

Subtitle 1. Definitions; Overview 

11-101. Definitions. 

(A) In GENERAL 

In this title, the following terms have the meanings indicated. 

Revisor's Note 

This subsection is new language used as the standard 
introduction to a series of definitions. 

(B) Business SIGN 

"Business sign" means an accessory sign that directs attention 

TO A business, commodity, SERVICE, EVENT, OR OTHER ACTIVITY THAT 
IS SOLD, OFFERED, OR CONDUCTED ON THE PREMISES ON WHICH THE SIGN 
IS LOCATED OR TO WHICH IT IS AFFIXED. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §13.0-2-76. 



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Ord. 99-547 1 998- 1 999 Session 



Defined terms: 

Accessory use or structure § 1 - 1 02 Sign § 1 - 1 89 

Premises § 1 - 1 76 



(c) Directly ILLUMINATED SIGN. 

(1) In GENERAL 

"Directly illuminated sign" means a sign designed to emit 
artificial light directly (or through transparent or 
translucent material) from a source within the sign. 

(2) Inclusions. 

"Directly illuminated sign" includes: 

(i) a neon or exposed lamp sign; and 

(n) any illuminated sign that is not effectively 

shielded as required for an indirectly illuminated 

SIGN. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §13.0-2-77 and the last sentence of 
§13.0-2-82. 

Defined terms: 

Includes; including § 1 - 1 5 2 Sign § 1 - 1 8 9 

(D) Free-standing SIGN. 

"FREE-STANDING SIGN" MEANS A SIGN PLACED ON OR SUPPORTED BY THE 

ground, independent of the principal structure on the lot. 
Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §13.0-2-78. 



1230 



1 998- 1 999 Session Ord. 99-547 



Defined terms: 

Lot §1-154 Sign §1-189 

Principal structure §1-177 Structure §1-193 



(E) General advertising sign. 

"General advertising sign" means any billboard, posterboard, 

OR OTHER sign THAT DIRECTS ATTENTION TO A BUSINESS, COMMODITY, 
SERVICE, EVENT, OR OTHER ACTIVITY THAT IS: 

( 1 ) SOLD, OFFERED, OR CONDUCTED SOMEWHERE OTHER THAN ON 
THE PREMISES ON WHICH THE SIGN IS LOCATED OR TO WHICH IT 
IS AFFIXED; AND 

(2) SOLD, OFFERED, OR CONDUCTED ON THE PREMISES ONLY 
INCIDENTALLY IF AT ALL. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §13.0-2-79. 

Deflned terms: 

Premises §1-176 Sign §1-189 

(F) Identification SIGN. 

(1) In GENERAL 

"identification sign" means a sign that serves to indicate the 
name, address, and use of the premises on which the sign is 
located or to which it is affdced. 

(2) Inclusions 

"identmcation sign" includes a bulletin board of a public, 
charitable, or religious institution used to display 
announcements of meetings and activities held on the 
premises. 



1231 



Ord. 99-547 1 998- 1 999 SESSION 



Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §13.0-2-81. 

In paragraph (1) of this subsection, the reference to a 
"lawful" use is deleted as unnecessary and misleading. That 
all uses must be "lawful" is a function of the substantive 
provisions of this article. 

Defined terms: 

Includes; including §1-152 Sign §1-189 

Premises §1-176 Use §1-196 



(G) Indirectly ILLUMINATED SIGN. 

"Indirectly illuminated sign" means a sign illuminated with a 
light that is: 

( 1 ) directed primarily toward the sign; and 

(2) so shielded that no direct rays from the light are 
visible anywhere other than on the lot where the sign is 

LOCATED. 

Revisor's Note 

This subsection is new language derived without substantive 
change from the T' sentence of Article 30, §13.0-2-82. 

Defined terms: 

Lot §1-154 Sign §1-189 

(H) Nameplate. 

"NaMEPLATE" MEANS A SIGN THAT: 

(1) IS AFFIXED FLAT AGAINST A WALL OF A BUILDING; AND 



1232 



1 998- 1 999 Session Ord. 99-547 



(2) DESIGNATES ONLY THE NAME OR THE NAME AND PROFESSIONAL 
(OR HOME) OCCUPATION OF A PERSON WHO RESIDES OR 
OCCUPIES SPACE IN THE BUILDING. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §13.0-2-83. 

Defined terms: 

Building §1-121 Person §1-174 

Home occupation §1-150 Sign §1-189 



(I) Non-illuminated sign. 

"NON-ILLUMINATED SIGN" MEANS A SIGN THAT IS NEITHER DIRECTLY NOR 
INDIRECTLY ILLUMINATED. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §13.0-2-84. 

Defined terms: 

Sign §1-189 



(J) Roof LINE. 

"Roof LINE" MEANS: 

( 1 ) THE UPPER EDGE OF ANY BUEX)ING WALL OR PARAPET; OR 

(2) IN THE CASE OF A PITCHED ROOF, THE MEAN HEIGHT LEVEL OF 
THAT ROOF. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §13.0-2-71. 



1233 



Ord. 99-547 1 998- 1 999 SESSION 

Defined terms: 

Building §1-121 



(K) Roof SIGN. 

"Roof sign" means a sign that is erected or located on or over 
the roof or any roof structure of a building. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §13.0-2-85. 

Defined terms: 

Building §1-121 Sign §1-189 

Erect §1-140 



(L) Sale OR LEASE SIGN. 

"Sale or lease sign" means a sign that serves only to indicate, 

WITH pertinent INFORMATION, THE AVAILABILITY FOR SALE, AUCTION, 
LEASE, OR RENTAL OF ALL OR PART OF THE LOT OR BUILDING ON WHICH 
THE SIGN IS PLACED. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §13.0-2-86. 

A reference to "auction" — which, of course, is but a 
specific type of "sale" — is added for clarity, consistent with 
the similar addition made by Ordinance 97-131 to the "sale 
sign" provisions of former Article 30, §10.0-2 (now §§11- 
312and 11-313). 

Defined terms: 

Building §1-121 Sign §1-189 

Lot §1-154 



1234 



1 998- 1 999 Session Ord. 99-547 



(M) Wind SIGN. 

"Wind sign" means any sign in the nature of a series of banners, 
flags, or other objects fastened so that they move when 
subjected to pressure by wind or breeze. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §13.0-2-87. 

Defined terms: 

Sign §1-189 



§ 11-102. Purpose. 

(A) Need to regulate. 

Signs serve an important function, and reasonable and 
adequate display of signs is therefore allowed under this title, 
at the same time, this title recognizes that a definite need 
exists to regulate the display of signs. 

(b) llmftations and standards. 

( 1 ) This title establishes limitations and standards consistent 
with the character of the various districts and the uses 
and activmes in those districts. 

(2) These limitations and standards are intended to encourage 
sound practices with respect to size, type, and placement of 
signs for the purpose of: 

(i) safeguarding and enhancing properties in 
residential, business, and industrial areas; 

(n) providing an environment that will promote the 
growth and development of business in the city; 



1235 



Ord. 99-547 1 998- 1 999 Session 



(in) PROTECTING PUBLIC INVESTMENT IN PUBLIC BUEDINGS, 
OPEN SPACES, AND THOROUGHFARES; 

(IV) REDUCING HAZARDS TO MOTORISTS AND PEDESTRIANS ON 
THE PUBLIC WAYS; AND 

(V) PROMOTING THE PUBLIC SAFETY AND GENERAL WELFARE. 

Revisor's Note 

This section is new language derived without substantive 
change from all but the 1" sentence of the introductory 
paragraph to Chapter 10 of Article 30. 

The 1" sentence of that paragraph, stating the purpose of 
these regulations as being "to provide standards for ... 
signs", is deleted as an unnecessary statement of the 
obvious. 

Deflned terms: 

Building §1-121 Use §1-196 

Sign §1-189 



§11-103. Exemptions FROM SIGN REGULATIONS. 

This title does not apply to any of the following: 

( 1 ) flags or emblems of a national or political subdivision or of 
A patriotic, religious, philanthropic, civic, or educational 
organization; 

(2) governmental signs and lights for control of TRAFnC AND 
OTHER REGULATORY PURPOSES; 

(3) STREET SIGNS, ORDINARY HOUSE NUMBERS, "NO PARKING" SIGNS, 

AND "No Trespassing" signs; 

(4) RAILROAD-CROSSING SIGNS, DANGER SIGNS, AND SIGNS OF PUBLIC 
SERVICE COMPANIES INDICATING DANGER OR AIDS TO SERVICE OR 
SAFETY; 



236 



1 998- 1 999 Session Ord. 99-547 



(5) OFFICIAL PUBLIC NOTICES OR NOTICES POSTED BY PUBLIC OFHCERS IN 
PERFORMANCE OF THEIR DUTIES; 

(6) MEMORIAL PLAQUES, CORNERSTONES, AND HISTORICAL TABLETS; OR 

(7) TEMPORARY SIGNS IN CONNECTION WITH CIVIC NON-COMMERCIAL 
HEALTH, ART, SAFETY, AND WELFARE CAMPAIGNS, BUT THE 
SPONSORING ORGANIZATION MUST REMOVE THEM PROMPTLY AT THE 
CONCLUSION OF THE CAMPAIGN. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0- If. 

Defined terms: 

Sign §1-189 



Subtitle 2. General Requirements 

§ 11-201. Design and construction. 

The structural design and construction of signs, including their 
supports, must comply with the applicable requirements of the 
Building Code of Baltimore City. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0- Id. 

Defined terms: 

Includes; including §1-152 Sign §1-189 

Must c/ §1-211 

§ 11-202. Projections into public right-of-way. 

Except as otherwise specified in this title, no sign may project 
beyond the street line into the public way. 



1237 



Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 

This section is new language that combines without 
substantive change the like provisions of Article 30, §10.0- 
2a4 (Residence and Office-Residence Districts) and 
§10.0-3a6 (Business and Industrial Districts). 

Note that, even where this title might authorize a sign's 
projection into the public way, a minor privilege permit 
must still be obtained. See Chapter 32 of the City Building 
Code. 

Deflned terms: 

No. ..may c/ §1-211 Street §1-190 

Sign §1-189 Street line §1-191 



11-203. Computing AREA. 

(A) In GENERAL. 

The area of a sign is determined by measuring the entire area 
within a single continuous perimeter enclosing the extreme 

limits of writing, representation, emblem, FLAG, DEVICE, OR OTHER 
FIGURE OF SIMILAR CHARACTER, TOGETHER WITH ANY FRAME OR OTHER 
MATERIAL OR COLOR FORMING AN INTEGRAL PART OF THE DISPLAY OR 
USED TO DIFFERENTIATE THE SIGN FROM THE BACKGROUND AGAINST 
WHICH IT IS PLACED. 

(B) Excluded AREAS. 

Necessary supports or uprights on which the sign is placed are 
not included in the computation. 

(c) Multi-faced SIGNS. 

( 1 ) If A SIGN HAS 2 OR MORE FACES, THE AREA OF ALL FACES IS 
INCLUDED IN DETERMINING THE AREA OF THE SIGN, EXCEPT AS 
SPECIFIED IN PARAGRAPH (2) OF THIS SUBSECTION. 

(2) If 2 FACES ARE PLACED BACK TO BACK AND ARE NOWHERE MORE 
THAN 2 FEET FROM ONE ANOTHER (EXCLUDING NECESSARY 
SUPPORTS OR UPRIGHTS), THE AREA OF THE SIGN IS TAKEN AS: 



1238 



1 998- 1 999 Session Ord. 99-547 



(I) THE AREA OF 1 FACE, IF THE 2 FACES ARE OF EQUAL AREA; 
OR 

(n) THE AREA OF THE LARGER FACE, IF THE 2 FACES ARE OF 
UNEQUAL AREA. 

(D) Letters ON STRUCTURES. 

For INDIVIDUAL LETTERS PLACED ON A STRUCTURE, THE ENTIRE AREA OF 
THE LETTER, BASED SOLELY ON ITS STROKE, IS USED IN COMPUTING THE 
SIGN AREA. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-75. 

In subsection (a) of this section, "flag" and "device" are 
added to conform to the like references in the definition of 
"sign". 

Defined terms: 

Sign §1-189 Structure §1-193 

§ 11-204. Computing height. 

The height of a sign is determined by measuring the vertical 
distance: 

( 1 ) from the uppermost point used to measure the area of a 

SIGN, AS DESCRIBED IN § 1 1-203 {"COMPUTING AREA"} OF THIS 
SUBTITLE; 

(2) TO THE GROUND IMMEDIATELY BELOW THAT POINT OR TO THE LEVEL 
OF THE UPPER SURFACE OF THE NEAREST CURB OF A STREET OR 
ALLEY, WHICHEVER MEASUREMENT PERMITS THE GREATER 
ELEVATION OF THE SIGN. 

Re VISOR'S Note 

This section is new language derived without substantive 
change from Article 30, §13.0-2-80. 

1239 



Ord. 99-547 1 998- 1 999 SESSION 



Deflned terms: 



Alley §1-108 Street §1-190 

Sign §1-189 



§ 1 1-205. Signs not to constitute traffic hazards. 

(A) In GENERAL 

No sign or other advertising structure that is regulated by 
this article may be erected: 

( 1 ) at any street intersection in a way that might obstruct 
free and clear vision; 

(2) at any location where, by reason of its position, shape, 
or color, it might interfere with, obstruct the view of, 
or be confused with any authorized traffic sign, signal, 
or device; or 

(3) at any location if it uses the word "stop", "look", or 
"Danger", or any other word, phrase, symbol, or 
character in a way that might interfere with, mislead, 
or confuse traffic. 

(B) Removal REQUIRED. 

Any SIGN THAT THE ZONING ADMINISTRATOR, ON THE ADVICE OF THE 

DIRECTOR OF Public Works, declares to be a trafhc hazard must 
be relocated, rearranged, or removed as the zoning 
Administrator directs. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-lc. 

In subsection (b) of this section, "Director of Public Works" 
is substituted for the obsolete reference to the 
"Commissioner of Transit and Traffic". 



1240 



1 998- 1 999 Session Ord. 99-547 



Defined terms: 

Erect §1-140 Sign §1-189 

Must c/ §1-211 Street §1-190 

No... may c/ § 1 -2 1 1 Structure § 1 - 1 93 



§11-206. Signs NEAR EXPRESSWAYS. 

(A) "Expressway" DEFINED. 
"Expressway" means any: 

(1) INTERSTATE HIGHWAY; OR 

(2) OTHER LIMITED ACCESS HIGHWAY THAT: 

(I) IS DESIGNED TO CARRY HIGH VOLUMES OF TRAFRC; 
AND 

(n) IS ENTERED AND EXITED BY WAY OF GRADE-SEPARATED 
INTERCHANGES WITH CONNECTING RAMPS. 

(B) Sign WITHIN 100 FEET OF EXPRESSWAY. 

No GENERAL ADVERTISING SIGN MAY BE ERECTED, ENLARGED, OR 
RELOCATED SO THAT ANY PART OF THE SIGN IS WITHIN 100 FEET, 
MEASURED IN A STRAIGHT LINE, OF ANY RIGHT-OF-WAY LINE OF AN 
EXPRESSWAY. 

(c) Signs along interstate within 1,500 feet of the other. 

No GENERAL ADVERTISING SIGN MAY BE PLACED WITHIN 1 ,500 FEET OF 
ANOTHER GENERAL ADVERTISING SIGN THAT IS ON THE SAME SIDE OF AN 
INTERSTATE HIGHWAY IF THE DISPLAYS OF BOTH SIGNS WOULD BE 
PRIMARILY VIEWED FROM THE INTERSTATE HIGHWAY. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §§10.0-lb and 13.0-2-36. 

In subsection (a) of this section, reference is added to 
"interstate highways", to conform to the like reference in 

1241 



Ord. 99-547 1 998- 1 999 Session 



subsection (c). An interstate highway is, of course, but a 
specific type of limited access highway/expressway. 

Also in subsection (a), the former reference to an 
expressway having been "approved as such by the Mayor 
and City Council by ordinance", which had its genesis in 
Ordinance 54- 11 85, is deleted as obsolete. Currently, 5 
expressways exist in Baltimore: 1-95, 1-83, 1-895, 1-396, and 
Slate 295. Consistently over the years, all of these have 
been considered by the Zoning Administrator to be 
"expressways" within the meaning of this section. 

In subsection (c) of this section, the reference to the view of 
"both signs" is added for clarity. 

Defined terms: 

Erect §1-140 No ... may c/ §1-211 

General advertising sign § 1 1 - 1 1 Sign § 1 - 1 89 



§ 11-207. Alcoholic beverage advertising signs. 

(A) "Licensed PREMISES" DEFINED. 

In this section, "licensed premises" MEANS A PREMISES THAT 
OPERATES UNDER AN ALCOHOLIC BEVERAGES LICENSE OR PERMIT ISSUED 

UNDER State Code Article 2B. 

(B) General PROHIBITION. 

No PERSON MAY PLACE ANY SIGN, POSTER, PLACARD, DEVICE, GRAPHIC 
DISPLAY, OR OTHER ITEM THAT ADVERTISES ALCOHOLIC BEVERAGES IN 
ANY PUBLICLY VISIBLE LOCATION, INCLUDING ANY OUTDOOR BILLBOARD, 
SIDE OF A BUILDING, OR FREESTANDING SIGNBOARD. 

(c) Exceptions 

This section does not apply to: 

( 1 ) the placement of signs, including advertisements : 
(i) inside a licensed premises; 



1242 



1 998- 1 999 Session Ord. 99-547 



(n) on commercial vehicles used for transporting 
alcoholic beverages; or 

(m) in conjunction with a temporary license or a 1- 
day alcoholic beverages license granted by the 
Board of License Commissioners; 

(2) any sign that contains the name or slogan of a licensed 
premises and that has been placed for the purpose of 
identifying the licensed premises; 

(3) except for billboards and freestanding signboards, any 
sign for which zoning board approval or a minor 
privilege permit is required and has been obtaeved; 

(4) any sign that refers to beer, wine, liquor, spirits, or 
other alcoholic beverages solely by way of generic 
description; 

(5) any neon or electrically charged sign that is on a 
licensed premises and has been provided as part of a 
promotion of a particular brand of alcoholic beverage; 

(6) ANY SIGN ON A MARYLAND TRANSIT AUTHORITY VEHICLE OR 
ONATAXICAB; 

(7) ANY SIGN ON PROPERTY OWNED, LEASED, OR OPERATED BY THE 
MARYLAND STADIUM AUTHORITY; 

(8) ANY SIGN AT A FACILITY THAT OPERATES IN ACCORDANCE WITH 
A LICENSE ISSUED UNDER § 1 1 -304 OF THE STATE BUSINESS 

Regulation Article; 

(9) any sign on property adjacent to an interstate 
highway; or 

(10) ANY SIGN LOCATED: 

(I) IN A B-4 District; 



1243 



Ord. 99-547 



1998-1999 Session 



(n) IN AN M-3 District, if the sign is more than 1 ,000 

FEET FROM THE BOUNDARY OF ANY OTHER DISTRICT 
THAT IS NOT A B-4 OR M-3 DISTRICT; OR 

(m) IN AN M-3 District, if the sign is more than 500 

FEET FROM THE BOUNDARY OF ANY OTHER DISTRICT 

that is not a B-4 or M-3 District and the sign 

FACES AWAY FROM THAT OTHER DISTRICT. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-lh. 

In subsection (a) of this section, the definition is corrected 
and revised to conform with the nomenclature used in 
Article 2B. Cf. Article 2B, § 1-102(15). 

In subsection (c)(3) of this section, the exception has been 
revised to clarify that the required approval or permit must 
be "obtained" before the exception will apply. 

Also in subsection (c), the former exception for Memorial 
Stadium is deleted as obsolete. 



Adjacent 
Board 
Building 
Includes; including 



Defined terms: 




§1-103 


No ... may 


§1-118 


Person 


§1-121 


Premises 


§1-152 


Sign 



c/ §1-211 
§1-174 
§1-176 
§1-189 



§11-208. Cigarette ADVERTISING signs. 

(A) General PROHIBITION. 

No PERSON MAY PLACE ANY SIGN, POSTER, PLACARD, DEVICE, GRAPHIC 
DISPLAY, OR OTHER FTEM THAT ADVERTISES CIGARETTES IN A PUBLICLY 
VISIBLE LOCATION, INCLUDING ANY OUTDOOR BEXBOARD, SIDE OF A 
BUILDING, OR FREESTANDING SIGNBOARD. 



(B) Exceptions. 

This section does not apply to: 

1244 



1 998- 1 999 Session Ord. 99-547 



( 1 ) THE PLACEMENT OF SIGNS, INCLUDING ADVERTISEMENTS : 

(I) INSIDE ANY PREMISES USED BY THE HOLDER OF A 

CIGARETTE BUSINESS LICENSE ISSUED UNDER TITLE 16 

OF THE State BusiNnEss Regulation Article; or 

(n) ON commercl\l vehicles used for transporting 
cigarettes; 

(2) any sign THAT CONTAINS THE NAME OR SLOGAN OF THE 

premises used by a holder of a cigarette business 
license and that has been placed for the purpose of 
identifying the premises; 

(3) except for billboards and freestanding signboards, any 
sign for which zoning board approval or a minor 
privilege permit is required and has been obtained; 

(4) any sign that refers to cigarettes solely by way of a 
generic description; 

(5) any neon or electrically charged sign that is on 
premises used by a holder of a cigarette business 
license and that has been provided as part of a 
promotion of a particular brand of cigarettes; 

(6) any sign on a maryland transit authority vehicle or 
onataxicab; 

(7) any sign on property owned, leased, or operated by the 
Maryland Stadium Authority; 

(8) ANY sign at a facility THAT OPERATES UNDER A HORSE 
racing license issued UNDER TITLE 1 1 OF THE STATE 

Business Regulation Article; 

(9) any sign on property adjacent to an interstate 
highway; or 

(10) ANY SIGN located: 

(I) IN A B-4 DISTRICT; 

1245 



Ord. 99-547 



1998-1999 Session 



(n) IN AN M-3 District, if the sign is more than 1 ,000 

FEET FROM THE BOUNDARY OF ANY OTHER DISTRICT 
THAT IS NOT A B-4 OR M-3 DISTRICT; OR 

(m) IN AN M-3 District, ef the sign is more than 500 

FEET FROM THE BOUNDARY OF ANY OTHER DISTRICT 
that IS NOT A B-4 OR M-3 DISTRICT AND THE SIGN 
FACES AWAY FROM THAT OTHER DISTRICT. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-li. 

In subsection (b)(3) of this section, the exception has been 
revised to clarify that the required approval or permit must 
be "obtained" before the exception will apply. 

Also in subsection (b), the former exception for Memorial 
Stadium is deleted as obsolete. 



Defined terms: 




Adjacent §1-103 


Person 


Building §1-121 


Premises 


Board §1-118 


Sign 


Includes; including §1-152 


Use 


No... may c/ §1-211 





§1-174 
§1-176 
§1-189 
§1-196 



§ 11-209. Permitted TEXT 

Any SIGN ALLOWED UNDER THIS ARTICLE MAY CONTAIN, IN PLACE OF ANY 
OTHER COPY, ANY OTHERWISE LAWFUL NONCOMMERCIAL MESSAGE THAT: 

( 1 ) DOES NOT DIRECT ATTENTION TO A BUSINESS OPERATED FOR PROFIT 
OR TO A COMMODITY OR SERVICE FOR SALE; AND 

(2) COMPLIES WITH ALL OTHER REQUIREMENTS OF THIS ARTICLE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-lg. 



1246 



1 998- 1 999 Session Ord. 99-547 

Deflned terms: 

May c/ §1-211 Si^n §1-196 

§ 11-210. Title does not permit what is otherwise prohibited. 

Nothing in this title permits any sign or any use of property that is 
otherwise prohibited by this article or by any other law. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-le. 

Defined terms: 

Siffi §1-189 Use §1-196 

General Revisor's Note to Subtitle 

In revising this subtitle. Article 30, §10.0- la was deleted as 
obsolete. That section refers to standards set by the 
"Commission on Signs" under Article 1, §39. Article 1, 
§39, however, was repealed over two decades ago by 
Ordinance 76-022. 

Subtitle 3. Signs in Residence and Office-Residence Districts 

Part I. Scope of Subtitle 

§ 11-301. Compll^ce required. 

In addition to the requirements of Subtitle 2 of this title, signs in 
Residence and Office-Residence Districts must comply with the 
requirements of this subtitle. 

Revisor's Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, §10.0-2. 



1247 



Ord. 99-547 1 998- 1 999 Session 

Deflned terms: 

Must c/ §1-211 Sign §1-189 

§ 11-302. {Reserved} 
§ 11-303. {Reserved} 

Part II. Prohibited Signs 

§ 11-304. In GENERAL. 

The following types of signs are prohibited in Residence and Ofhce- 
Residence Districts. 

Revisor's Note 

This section is new language added for clarity and 
organizational consistency. 

Defined terms: 

Sign §1-189 

§ 11-305. Moving or FLAsmNG, etc., signs. 

No sign may have or consist OF: 

( 1 ) any moving, rotating, or otherwise animated PART; OR 

(2) IF otherwise permitted to be illuminated, any flashing, 
blinking, fluctuating, or otherwise animated light. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-2al. 

Defined terms: 

No... may c/ §1-211 Sign §1-189 



248 



I 



1 998- 1 999 Session Ord. 99-547 

§ 11-306. Roof, wind, and general advertising signs. 

no roof sign, wind sign, or general advertising sign is permitted. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-2a2. 

Defined terms: 

General advertising sign § 11 - 1 1 Wind sign § 1 1 - 1 1 

Roof sign §11-101 Sign §1-189 

§ 11-307. Extension above roof line. 

no sign may extend above the roof line of a building to which it is 
attached. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-2a3. 

Defined terms: 

Building §1-121 Roof line §11-101 

No... may c/ §1-211 Sign §1-189 

§ 11-308. {Reserved} 
§ 11-309. {Reserved} 
§ 11-310. {Reserved} 

Part III. Regulated Signs 
§11-311. In GENERAL. 

The FOLLOWING TYPES OF SIGNS ARE ALLOWED IN RESIDENCE AND OFFICE- 

Residence Districts, subject to the limitations prescribed for them. 



1249 



Ord. 99-547 1 998- 1 999 Session 

Revisor's Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, §10.0-2b. 

Defined terms: 

Sign §1-189 

§ 11-312. Sale, lease, and sold signs — apartment hotels, 20-or-more- 
unit dwellings, and non-residential buildings. 

(A) Sign ALLOWED. 

For APARTMENT HOTELS, BUILDINGS CONTAINING 20 OR MORE DWELLING 
UNITS, AND NON-RESIDENTIAL BUILDINGS, 1 NON-ILLUMINATED SALE, 
LEASE, OR SOLD SIGN IS ALLOWED. 

(B) Limitations. 

The SIGN MAY NOT: 

(1) EXCEED 36 SQUARE FEET; 

(2) IF FREE-STANDING, BE MORE THAN 8 FEET HIGH; 

(3) EF ATTACHED TO A BUILDING, EXTEND ABOVE THE ROOF LINE; OR 

(4) BE DISPLAYED FOR MORE THAN 7 DAYS AFTER THE LEASING OF 
THE PREMISES TO WHICH THE SIGN PERTAINS OR AFTER THE 
TRANSFER OF TITLE TO THE PREMISES ON WHICH THE SIGN IS 
ERECTED. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-2a5 (as enacted by Ord. 97- 
1 3 1 ), § 1 0.0-2b 1 (as amended by Ord. 97- 1 3 1 ), and the last 
sentence of §10.0-2b8. 

The former reference to a "multiple-family dwelling" and its 
unusually limiting definition are consolidated to refer more 



1250 



1 998- 1 999 Session Ord. 99-547 



succinctly, and less misleadingly, to a "building containing 20 or more 
dwelling units. See Revisor's Note to §1 1-313. 

The former reference to an "auction" sign is deleted given 
the expanded definition of "sale or lease sign" to the same 
effect. 





Defined terms: 






Apartment hotel 


§1-111 


Non-illuminated sign 


§11-101 


Building 


§1-121 


Premises 


§1-176 


Dwelling unit 


§1-137 


Roof line 


§11-101 


Erect 


§1-140 


Sale or lease sign 


§11-101 


Free-standing sign 


§11-101 


Sign 


§1-189 


May not 


cf. §1-211 







11-313. Sale, lease, and sold signs — single-family dwellings, 19- 
or-fewer-unit dwellings, and unimproved lots. 

(A) Sign ALLOWED. 

For SINGLE-FAMILY DWELLINGS, BUILDINGS CONTAINING 19 OR FEWER 
DWELLING UNITS, AND UNIMPROVED LOTS, 1 NON-ILLUMINATED SALE, 
LEASE, OR SOLD SIGN FOR EACH STREET FRONTAGE OF THE LOT IS 
ALLOWED. 

(B) Limitations. 

The SIGN MAY NOT: 

(1) EXCEED 6 SQUARE FEET; 

(2) BE MORE THAN 6 FEET HIGH; OR 

(3) BE DISPLAYED FOR MORE THAN 7 DAYS AFTER THE LEASING OF 
THE PREMISES TO WHICH THE SIGN PERTAINS OR AFTER THE 
TRANSFER OF TITLE TO THE PREMISES ON WHICH THE SIGN IS 
ERECTED. 



1251 



Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-2a5 and 2b la (as enacted by 
Ord. 97-131). 

The former reference to an "auction" sign is deleted given 
the expanded definition of "sale or lease sign" to the same 
effect. 

The reference to a "building containing 19 or fewer dwelling 
units" is new, added to correct what appears to have been an 
oversight. Before the enactment of Ordinance 97- 1 3 1 , the 
only dwellings allowed to use a sale or lease sign were 
apartment hotels (as defined in §1-1 1 1 of this article) and 
multiple-family dwellings (specially defined to apply only to 
buildings with 20 or more dwelling units). Ordinance 97- 
131 amended the law to permit, among other things, sale or 
lease signs for single-family dwellings and unimproved lots 
as well. 

As thus amended, sale or lease signs (as well as newly- 
authorized "sold" signs) were allowed for 20-or-more-family 
dwellings, and smaller signs of this sort were allowed for 
unimproved lots and single-family dwellings. This, 
however, left a huge gap: 2-family dwellings (and any other 
multiple-family dwellings with less than 20 units) would be 
still prohibited from using sale or lease signs, not even the 
substantially smaller ones now allowed single-family 
dwellings. 

The Review Committee suspects that this anomalous result 
was unintended, resulting perhaps from the former law's use 
of the misleading term "multiple-family dwelling". 
Ordinarily, that term is understood to cover anything more 
than a single-family dwelling. To be sure, the last sentence 
of §10.0-2 defined the term, for purposes of this section 
only, differently. Still, it is not unlikely that the proponents 
of Ordinance 97-131 had forgotten about this unusual (and 
buried away) definition and that they added the new 
reference to unimproved lots and single-family dwellings 
under the mistaken assumption that 2-family and larger 
dwellings were already covered by the existing authorization 
for "multiple-family dwellmgs". 



1252 



1998-1999 Session 



Ord. 99-547 





Defined terms: 






Building 


§1-121 


May not 


c/ §1-211 


Dwelling 


§1-136 


Non- illuminated sign 


§11-101 


Dwelling unit 


§1-137 


Premises 


§1-176 


Erect 


§1-140 


Sign 


§1-189 


Family 
Lot 


§1-142 
§1-154 


Street 


§1-190 



§ 11-314. Temporary construction signs. 

(A) Signs ALLOWED. 

Temporary NON-ttiUMiNATED construction signs of persons 

CONNECTED WITH WORK ON BUILDINGS UNDER ACTIVE CONSTRUCTION 
OR ALTERATION, INDICATING THEIR NAMES AND INFORMATION PERTINENT 
TO THE PROJECT, ARE ALLOWED. 

(B) Limitations. 

These signs may not: 

( 1 ) exceed a combined area for all signs of 36 square feet 
for each street frontage; or 

(2) be more than 1 6 feet high each. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-2b2. 

In subsection (a) of this section, the former reference to 
"firms" is deleted as unnecessary given the broad definition 
of "person". Also, "active" is substituted for "actual" for 
clarity. 

Defined terms: 



Building 
May not 
Non-illuminated sign 



§1-121 

c/ §1-211 

§11-101 



Person 

Sign 

Street 



§1-174 
§1-189 
§1-190 



1253 



Ord. 99-547 1 998- 1 999 Session 

§ 11-315. Temporary subdivision or Planned Unit Development signs. 

(A) Signs ALLOWED. 

Temporary non-illuminated or indirectly illuminated 
subdivision development and planned unit development signs, 
indicating the names and information pertinent to the project, 
are allowed. 

(B) Limitations. 

These signs may not: 

( 1 ) exceed a combined area for all signs of 1 00 square feet 
for the project; or 

(2) be more than 20 feet high each. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-253. 

Defined terms: 

Indirectly illuminated sign § 1 1 - 1 1 Non-illuminated sign § 1 1 - 1 1 

Maynot c/ §1-211 Sign §1-189 

§ 11-316. Nameplates. 

(A) Sign ALLOWED. 

1 NON-ILLUMINATED OR INDIRECTLY ILLUMINATED NAMEPLA11E IS 
ALLOWED FOR EACH STREET FRONTAGE OF THE LOT. 

(B) Limitations. 

The SIGN MAY NOT: 

( 1 ) BE MORE THAN 1 2 FEET HIGH; OR 

(2) EXCEED: 



1254 



1998-1999 Session 



Ord. 99-547 



(I) FOR APARTMENT HOTELS, BUILDINGS CONTAINING 20 
OR MORE DWELLING UNITS, AND NON-RESIDENTIAL 
BUEJ)INGS, 9 SQUARE FEET; OR 

(n) FOR ALL OTHERS, 1 SQUARE FOOT. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-254 and the last sentence of 
§10.0-2b8. 

Subsection (b) of this section is organized to clarify that 
which was formeriy not altogether clear: that the height 
limitation applies to all uses, including the apartment hotels 
and the other structures now listed in subsection (b)(2)(i). 

In subsection (b)(2)(i) of this section, the former reference to 
a "multiple-family dwelling" and its unusually limiting 
definition are consolidated to refer more succinctly, and less 
misleadingly, to a "building containing 20 or more dwelling 
units. 



Defined terms: 






Apartment hotel § 1 - 1 1 1 


May not 


cf. §1-211 


Building §1-121 


Nameplate 


§11-101 


Dwelling unit §1-137 


Non-illuminated sign 


§11-101 


Indirectly illuminated sign § 1 1 - 1 1 


Sign 


§1-189 


Lot §1-154 


Street 


§1-190 



11-317. Parking access signs. 

(A) Signs ALLOWED. 

1 NON-BLLUMINATED OR INDIRECTLY ILLUMINATED SIGN, INDICATING THE 
ENTRANCE TO OR EXIT FROM AN OPEN OFF-STREET PARKING AREA OR OFF- 
STREET PARKING GARAGE, IS ALLOWED FOR EACH STREET FRONTAGE OF 
THE LOT. 

(B) Limitations. 

The SIGN MAY NOT: 



1255 



Ord. 99-547 1 998- 1 999 Session 

(1) EXCEED 4 SQUARE FEET; 

(2) BE MORE THAN 20 FEET HIGH; OR 

(3) PROJECT MORE THAN 1 8 INCHES ACROSS A STREET LINE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-2b6. 

Defined terms: 

Indirectly illuminated sign §11-101 Sign §1-189 

Lot §1-154 Street §1-190 

May not c/ § 1 -2 1 1 Street line § 1 - 1 9 1 

Non-illuminated sign § 1 1 - 1 1 

§ 11-318. IDENTIFICATION SIGNS — NEIGHBORHOOD. 

(A) Signs ALLOWED. 

NON-UXUMDMATED OR INDIRECTLY ILLUMINATED IDENTIFICATION SIGNS, 
INDICATING THE NAME OF A NEIGHBORHOOD, ARE ALLOWED. 

(B) Limitations. 

These signs may not: 

( 1 ) EXCEED 20 square FEET EACH; 

(2) BE MORE THAN 6 FEET HIGH; OR 

(2) EXCEED 2 SIGNS PER NEIGHBORHOOD. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-2b5. 

Formerly, these provisions referred inconsistently to "a 
subdivision or neighborhood area", in one clause, and to 
"the development" in another. This revision opts for the 
simple, yet encompassing "neighborhood". 

1256 



1 998- 1 999 Session Ord. 99-547 

Defined terms: 

Identification sign § 1 1 - 1 1 Non-illuminated sign § 1 1 - 1 1 

Indirectly illuminated sign § 1 1 - 1 1 Sign § 1 - 1 89 

May not c/ §1-211 

§ 11-319. Identification signs — 20-or-more-unit dwellings and non- 
residential BUILDINGS IN R-1 TO R-8 DISTRICTS. 

(A) Signs ALLOWED. 

For BUILDINGS CONTAINING 20 OR MORE DWELLING UNITS AND NON- 
RESIDENTIAL BUILDINGS IN R-1 THROUGH AND INCLUDING R-8 DISTRICTS, 
1 NON-ILLUMINATED OR INDIRECTLY ILLUMINATED IDENTIHCATION SIGN IS 
ALLOWED FOR EACH STREET FRONTAGE. 

(B) Limitations. 

These signs may not: 

(1) EXCEED: 

(I) 18 SQUARE FEET, OR 

(n) IF DIRECTLY ILLUMINATED, 1 2 SQUARE FEET; OR 

(2) BE MORE THAN: 

(I) IF FREE-STANDING, 6 FEET HIGH; OR 

(n) IF ATTACHED TO A BUILDING, 1 6 FEET HIGH. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-2b8(a) and the last sentence 
of§10.0-2b8. 

In subsection (a) of this section, the former reference to a 
"multiple-family dwelling" and its unusually limiting 
definition are consolidated to refer more succinctly, and less 
misleadingly, to a "building containing 20 or more dwelling 
units. 



1257 



Ord. 99-547 1 998- 1 999 Session 



Deflned terms: 

Building § 1 - 1 2 1 Indirectly illuminated sign § 1 1 - 1 1 

Directly illuminated sign § 1 1 - 1 1 May not cf. §1-211 

Dwelling unit § 1 - 1 37 Non-illuminated sign § 1 1 - 1 1 

Free-standing sign § 1 1 - 1 1 Sign § 1 - 1 89 

Identification sign §11-101 Street §1-190 



§ 11-320. Identification SIGNS — apartment hotels, 20-or-more-unit 
dwellings, and non-residentl\l buildings in r-9, r-10, and o-r 
Districts. 

(A) Signs ALLOWED. 

For APARTMENT HOTELS, BUEJ)INGS CONTAINING 20 OR MORE DWELLING 

units, and non-residential buildings in r-9, r-10, and o-r 
Districts, 1 non-illuminated or indirectly illuminated 
identification sign is allowed for each street frontage. 

(B) Limitations. 

These signs may not: 

(1) exceed: 

(i) 36 square feet; or 

(n) bf directly illuminated, 24 square feet; 

(2) if free-standing, be more than of 8 feet high; 

(3) if attached to a building, extend above the roof line; or 

(4) project more than 8 inches across a street line. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-2b8(b) and the last sentence 
of§r0.0-2b8. 

In subsection (a) of this section, the former reference to a 
"multiple-family dwelling" and its unusually limiting 

1258 



1998-1999 Session 



Ord. 99-547 



definition are consolidated to refer more succinctly, and less 
misleadingly, to a "building containing 20 or more dwelling 
units. 



Defined terms: 






Apartment hotel §1-111 


May not 


c/ §1-211 


Building §1-121 


Non-illuminated sign 


§11-101 


Directly illuminated sign § 1 1 - 1 1 


Roof line 


§11-101 


Dwelling unit §1-137 


Sign 


§1-189 


Free-standing sign § 1 1 - 1 1 


Street 


§1-190 


Identification sign § 1 1 - 1 1 


Street line 


§1-191 


Indirectly illuminated sign § 1 1 - 1 1 







Subtitle 4. Signs in Business and Industrial Districts 

Part I. Scope of Subtitle 

§ 11-401. Compliance required. 

In addition to the requirements of Subtitle 2 of this title, signs in 
Business and Industrial Districts must comply with the 
requirements of this subtitle. 

Revisor's Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, §10.0-3. 

Defined terms: 

Must c/ §1-211 Sign §1-189 



§ 11-402. {Reserved} 
§ 11-403. {Reserved} 

§11-404. In GENERAL. 



Part II. Prohibited Signs 



The FOLLOWING TYPES OF SIGNS ARE PROHIBITED IN BUSINESS AND 

Industrial Districts. 



1259 



Ord. 99-547 1 998- 1 999 Session 

Revisor's Note 

This section is new language added for clarity and 
organizational consistency. 

Deflned terms: 

Sign §1-189 

§11-405. FLASfflNG, ETC., SIGNS. 

(A) In GENERAL 

Except as specified in subsection (b) of this section, no sign in 
ANY Business or Industrial District may have or consist of any 

FLASHING, blinking, FLUCTUATING, OR OTHERWISE ANIMATED LIGHT. 

(B) Exception. 

This section does not apply to: 

(1) theater MARQUEES; 

(2) newscast SCREENS; OR 

(3) SIGNS THAT SHOW THE TIME OF DAY, TEMPERATURE, AND 
WEATHER FORECAST. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-3al. 

In subsection (a) of this section, the phrase "or consist of is 
added for clarity, conforming to the similar provisions of 
§11-305 of this title. 

Defined terms: 

No. ..may c/ §1-211 Sign §1-189 



I 



1260 



1 998- 1 999 Session Ord. 99-547 

§ 11-406. General advertising signs in B-1 and M-1 Districts. 

No GENERAL ADVERTISING SIGN IS PERMITTED IN ANY B-1 OR M-1 DISTRICT. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-3a2. 

Defined terms: 

General advertising sign §11-101 Sign §1-189 

§ 11-407. Extension above roof line in B-1, B-2, B-4, and M-1 Districts. 

No sign in any B-1, B-2, B-4, or M-1 District may extend above the 

ROOF line of a building TO WHICH IT IS ATTACHED. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-3a3. 

Defined terms: 

Building §1-121 Roof line §11-101 

No... may c/ §1-211 Sign §1-189 

§ 11-408. RooF signs in B-1, B-2, B-4, and M-1 Districts. 

No ROOF SIGN IS PERMITTED IN ANY B-1 , B-2, B-4, OR M-1 DISTRICT. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-3a4. 

Defined terms: 

Roof sign §11-101 Sign §1-189 



1261 



Ord. 99-547 1 998- 1 999 Session 

§11^09. Wind SIGNS. 

No WIND SIGN IS PERMITTED IN ANY BUSINESS OR INDUSTRIAL DISTRICT. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-3a5. 

Defined terms: 

Sign §1-189 Wind sign §11-101 

§ 11-410. Excessive PERCENTAGE OF WINDOW AREA. 

For all windows associated with a commercial use, at least 50% of 

THE window area ON EACH SIDE OF A BUILDING MUST BE FREE OF SIGNS. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-3a7. 

Defined terms: 

Building §1-121 Sign §1-189 

Must c/ §1-211 Use §1-196 

Part III. Regulated Signs 

§ 11-411. In GENERAL. 

the following types of signs are allowed in business and industrial 
Districts, subject to the limitations prescribed for them. 

Revisor's Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, §10.0-3b. 

Defined terms: 

Sign §1-189 



262 



1998-1 999 Session Ord. 99-547 

§ 11-412. Sale, lease, and sold signs. 

(A) Signs ALLOWED. 

1 non-illuminated or indirectly illuminated sale, lease, or sold 
sign is allowed for each street frontage of the lot. 

(B) Limitations. 

The sign may not: 

(1) exceed 36 SQUARE feet; 

(2) IF free-standing, be more than 8 FEET HIGH; OR 

(3) IF ATTACHED TO A BUILDING, EXTEND ABOVE THE ROOF LINE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-3bl. 

Defined terms: 

Building §1-121 Non-illuminated sign §11-101 

Free-standing sign § 1 1 - 1 1 Roof line § 1 1 - 1 1 

Indirectly illuminated sign § 1 1 - 1 1 Sale or lease sign § 1 1 - 1 1 

Lot §1-154 Sign §1-189 

Maynot c/ §1-211 Street §1-190 

§ 11-413. {Reserved} 

§11-414. Temporary CONSTRUCTION signs. 

(A) Signs ALLOWED. 

Temporary non-illuminated construction signs of persons 
connected with work on buildings under active construction 

OR ALTERATION, INDICATING THEIR NAMES AND INFORMATION PERTINENT 
TO THE PROJECT, ARE ALLOWED. 



1263 



Ord. 99-547 1 998- 1 999 Session 

(B) Limitations. 

These signs may not: 

( 1 ) EXCEED A combined AREA FOR ALL SIGNS OF 48 SQUARE FEET 
FOR EACH STREET FRONTAGE; OR 

(2) BE MORE THAN 20 FEET HIGH EACH. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-3b2. 

In subsection (a) of this section, the former reference to 
"firms" is deleted as unnecessary given the broad definition 
of "person". Also, "active" is substituted for "actual" for 
clarity. 

Defined terms: 

Building §1-121 Person §1-174 

May not c/ §1-211 Sign §1-189 

Non-illuminated sign §11-101 Street §1-190 

§ 11-415. Temporary subdivision or Planned Unit Development signs. 

(A) Signs ALLOWED. 

Temporary non-illuminated or indirectly illuminated 
subdivision development and planned unit development signs, 
indicating the names and information pertinent to the project, 
are allowed. 

(B) Limitations. 

These signs may not: 

( 1 ) exceed a combined area for all signs of 1 80 square feet 
for the project; or 

(2) be more than 20 feet high each. 



264 



1998-1999 Session 



Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-3b3. 

Defined terms: 



Indirectly illuminated sign § 11 - 1 1 May not 
Non-illuminated sign § 11 - 1 1 Sign 



c/ §1-211 
§1-189 



§ 11-416. Nameplates, business signs, and identification signs. 

Non-illuminated or indirectly or directly illuminated nameplates, 

business signs, and IDENTinCATION SIGNS ARE ALLOWED AS FOLLOWS: 



District 


AREA 

Factor^^^ 


Projection^^^ 


Height 
extension 

above ROOF 

UNE WHEN 

ATTACHED TO 

BUILDING 


Height FOR 

FREE- 
STANDING^^^ 


B-1 


2 


IFT. 


NONE 


24pj.//^;f//; 


B-2 


3 


4Fr/^>'^^^ 


NONE 


36 FT.^^^ 


B-3 


3 


4ft(^^(^^ 


10 FT. 


36Fr.^^> 


B-4 


4 


Ift/^^^^^ 


NONE 


36 FT.^^^ 


B-5 


5 


4ft/^^^^^ 


20 ft. 


36Fr.^^>' 


M-1 


2 


IFT. 


NONE 


24 FT.^^^ 


M-2 


3 


4Fr/^^^^^ 


20 FT. 


36 FT.^^^ 


M-3 


5 


4Pr/cKD; 


20 ft. 


40 FT. 



'^^''THE total PER-MITTED area of all signs is THE PRODUCT IN SQUARE 
FEET OF MULTIPLYING THE LIN'EAL FEET OF THE LENGTH OF THE BUILDING 
FACING THE FRONT LOT LINE BY THE AREA FACTOR. WHERE THE BUILDING 
WALL FRONTS ON 2 OR MORE STREETS, THE SIGN AREA FOR EACH STREET IS 
COMPUTED SEPARATELY. ALSO. WHERE A BUILDING COVERS LESS THAN 200 
SQUARE FEET OF LOT AREA, OR A USE IS OPERATED ON THE LOT WITHOUT A 
BUILDING, THEN THE TOTAL AREA OF ALL SIGNS MAY NOT EXCEED AN AREA 
FACTOR OF 1 FOR EACH FOOT OF STREET FRONTAGE, CO.MPUTED SEPARATELY 
FOR EACH STREET ON WHICH THE LOT ADJOINS. IN NO CASE MAY SIGNS 



1265 



Ord. 99-547 



1998-1999 Session 



permitted under this section exceed a combined area of 500 square feet on any 
lotinB-1 Districts. 



(B) 



Maximum projection across a street line. 

^^''except a canopy or awning that contains no sign other than 
an identincation sign that is (i) placed flat against a face of the 
canopy or awning and (n) does not extend beyond any edge of the 
face. also, except a marquee accessory to a hotel, motel, theater, 
or convention hall that advertises events scheduled or taking 
place in the building. 

^^%xcept that signs designating pubuc parking fadlities may 
project up to 5 feet across a street line. 

(e)^q^ to exceed 1 sign for each street frontage of the lot. 
^''^in no case may the sign exceed an area of 80 square feet. 
'^^^in no case may the sign exceed an area of 140 square feet, 
'^"''slgn permitted only as a shopping center identification sign. 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-3b5. 

Deflned terms: 



Accessory use or structure § 1 - 1 02 

Adjoining §1-104 

Building §1-121 

Business sign § 1 1 - 1 1 

Directly illuminated sign § 1 1 - 1 1 

Free-standing sign § 1 1 - 1 1 

Identification sign § 1 1 - 1 1 

Indirectly illuminated sign § 1 1 - 1 1 

Lot §1-154 

Lot area §1-155 



Lot line 

May 

May not 

Nameplate 

No ... may 

Non-illuminated sign 

Roof line 

Sign 

Street 

Street line 



§1-156 

c/ §1-211 

c/ §1-211 

§11-101 

c/ §1-211 

§11-101 

§11-101 

§1-189 

§1-190 

§1-191 



§11-417. Parking ACCESS SIGNS. 

(A) Signs ALLOWED. 



266 



1 998- 1 999 Session Ord. 99-547 

1 non-elluminated or indirectly or directly exuminated sign, 
indicating the entrance to or exit from an open off-street 
parking area or off-street parking garage, is allowed for each 
street frontage of the lot. 

(B) Limitations. 

The sign may not: 

(1) exceed 12 SQUARE FEET; 

(2) BE MORE THAN 24 FEET HIGH; OR 

(3) PROJECT MORE THAN 3 FEET ACROSS A STREET LINE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-3b4. 

Defined terms: 

Directly illuminated sign § 1 1 - 1 1 Non-illuminated sign § 1 1 - 1 1 

Indirectly illuminated sign § 1 1 - 1 1 Sign § 1 - 1 89 

Lot §1-154 Street §1-190 

Maynot c/ §1-211 Street line §1-191 

§ 11-418. {Reserved} 
§ 11-419. {Reserved} 

Part IV. Special Standards 
§11-420. Gasoline SERVICE STATIONS. 

(A) In general 

For gasoline service stations, only the following business and 
identification signs are permitted, subject to the standards in 
this section and to all other requirements of this title. 



1267 



Ord. 99-547 1998-1999 Session 

(B) Oil COMPANY SIGN. 

( 1 ) 1 NON-nJLUMINATED OR INDIRECTLY OR DIRECTLY ILLUMINATED 
FREE-STANDING OIL COMPANY SIGN IS ALLOWED. 

(2) The SIGN MAY NOT: 

(I) exceed 80 SQUARE FEET; 

(II) BE HIGHER THAN THE MAXIMUM HEIGHT PERMITTED FOR 
FREE-STANDING SIGNS IN THE DISTRICT IN WHICH IT IS 
LOCATED; OR 

(ra) PROJECT MORE THAN 1 8 INCHES ACROSS A STREET LINE. 

(C) Other INCIDENTAL SIGNS. 

( 1 ) OTHER NON-ELLUMINATED OR INDIRECTLY OR DIRECTLY 
ILLUMINATED PERMANENT AND TEMPORARY SIGNS, CUSTOMARILY 
INCIDENTAL TO SERVICE STATION USE (BUT NOT INCLUDING WIND 
SIGNS), ARE ALLOWED. 

(2) These SIGNS MAY NOT: 

(I) EXCEED A COMBINED AREA FOR ALL SIGNS OF 80 SQUARE 
FEET FOR THE PREMISES; 

(n) IF ATTACHED TO A BUILDING, EXTEND ABOVE THE ROOF 
LINE; OR 

(m) IN ANY CASE, PROJECT BEYOND ANY STREET LINE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-3b6. 



Gasoline service station § 1 - 1 46 

I den tifica tion sign § 1 1 - 1 1 

Indirectly illuminated sign § 1 1 - 1 1 

May not c/ §1-211 





Defined terms 


• 


Building 




§1- 


121 


Business sign 




§11- 


101 


Directly illuminated sign 


§11- 


101 


Free-standing sign 




§11-101 



1268 



1998-1999 Session 



Ord. 99-547 



Non-illuminated sign 


§11-101 


Street 


Premises 


§1-176 


Street line 


Roof line 


§11-101 


Use 


Sign 


§1-189 


Wind sign 



§1-190 
§1-191 
§1-196 
tll-101 



§ 11-421. Adult entertainment, adult book or video stores, peep 

SHOWS. 

(A) In GENERAL 

The FOLLOWING BUSINESS AND IDENTmCATION SIGNS ARE PROHIBITED 
FOR ADULT-ENTERTAINMENT BUSINESSES, ADULT BOOK OR VIDEO 
STORES, AND PEEP SHOW ESTABLISHMENTS. 

(B) Neon LIGHTS. 

Neon lights that depict any adult entertainment are 
prohibited. 

(c) Posters, etc. 

Posters, photographs, sketches, painted or laminated signs, or 

SIMILAR materials THAT ARE DISPLAYED ON THE EXTERIOR OF THE 
BUE.DING OR IN WINDOWS AND THAT DEPICT OR ILLUSTRATE ADULT 
ENTERTAINMENT ARE PROHIBITED. 

(D) Free-standing signs 

Free-standing signs that are on or adjacent to the premises and 
that identify or advertise the business are prohibited. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, § 1 0.0-3b7. 

Defined terms: 



Adjacent §1-103 

Adult-entertainment business § 1 - 1 06 
Book or video stores: adult § 1 - 1 20 
Building §1-121 

Business sign § 1 1 - 1 1 



Free-standing sign 


§11-101 


Identification sign 


§11-101 


Peep show establishment 


§1-172 


Premises 


§1-176 


Sign 


§1-189 



1269 



Ord. 99-547 1 998- 1 999 Session 

§ 11-422. Consolidated display areas for store fronts. 

(a) Owner to designate consolidated areas. 

The owner or operator of a business premises, other than a 
gasoline service station, must designate to the zoning 
Administrator consolidated area(s) on which all signs for the 

PREMISES will BE LOCATED. 

(B) Maximum SQUARE FOOTAGE. 

The consolidated area(s) may not exceed the square footage 
permitted for all signs, less the total area used by any 
identification sign or nameplate. 

(C) PERMFT REQUIRED FOR EACH AREA. 

( 1 ) a permit is required for each consolidated area. 

(2) The permit application must: 

(i) be made on a one-time basis for each area; 

(n) include descriptions or drawings of the 
consolidated display area(s); and 

(m) comply with any other requirements that the 
Zoning Administrator sets. 

(D) Continued COMPLIANCE REQUIRED. 

Failure to maintain the consolidated areas in conformity with 

APPROVED descriptions OR DRAWINGS CAUSES THE PERMIT TO 

terminate. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §I0.0-3b8. 



1270 



Defined terms: 




Gasoline service station 


§1-146 


Must 


Identification sign 


§11-101 


Nameplate 


Includes; including 


§1-152 


Premises 


May not 


c/ §1-211 


Sign 



1 998- 1 999 Session Ord. 99-547 



c/ §1-211 

§11-101 

§1-176 

§1-189 



§11-423. Conditional USE SIGNS. 

(A) In GENERAL. 

The following types of non-illuminated or indirectly or 
directly illuminated signs may be authorized by the board as 
conditional uses in the districts indicated, subject to: 

( 1 ) the guides and standards set forth in title 1 4 
{"Conditional Uses"} of this article; and 

(2) the LIMITATIONS SET FORTH IN THIS SECTION. 

(B) General ADVERTISING SIGNS. 

A GENERAL ADVERTISING SIGN MAY BE AUTHORIZED AS A CONDITIONAL 

USE IN ANY Business or Industrial District, other than a B-1 or 
M-1 District, if: 

( 1 ) the total area of the sign does not exceed 900 SQUARE 
FEET; 

(2) END-TO-END POSTER PANELS ARE LIMITED TO 2, NEITHER OF 
WHICH EXCEEDS 300 SQUARE FEET IN AREA; 

(3) NO PART OF THE SIGN IS LOCATED IN ANY REQUIRED YARD; AND 

(4) THE SIGN IS NOT LOCATED IN ANY BLOCK WHERE 50% OR MORE 
OF THE STREET FRONTAGE ON THE SAME SIDE OF THE STREET OR 
OF THE STREET FRONTAGE DIRECTLY OPPOSITE IS IMPROVED 
WITH RESIDENTIAL USES OR INSTITUTIONAL USES (EDUCATIONAL, 
CULTURAL, PHILANTHROPIC, CHARITABLE, RELIGIOUS, HEALTH, 
OR MEDICAL). 



1271 



Ord. 99-547 



998-1999 Session 



(c) Roof SIGNS. 

A ROOF SIGN MAY BE AUTHORIZED AS A CONDITIONAL USE IN B-3, B-5, 

M-2, AND M-3 Districts if: 

( 1 ) THE sign is a business OR IDENTIHCATION SIGN; AND 

(2) THE SIGN IS LOCATED ON THE SIDE OF A ROOF STRUCTURE THAT 
FORMS A BACKDROP FOR IT. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-3c. 



Defined terms: 






Block §1-117 


Non-illuminated sign 


§11-101 


Board §1-118 


Roof sign 


§11-101 


Business sign § 1 1 - 1 1 


Sign 


§1-189 


Directly illumina ted sign § 1 1 - 1 1 


Street 


§1-190 


General advertising sign § 1 1 - 1 1 


Structure 


§1-193 


Identification sign § 1 1 - 1 1 


Use 


§1-196 


Indirectly illuminated sign § 1 1 - 1 1 


Yard 


§1-198 


May c/ §1-211 







General Revisor's Note to Subtitle 

Article 30, §10.0-3b9, which states that alcoholic beverage 
licensees may display certain brand name liquor or cigarette 
signs "when permitted by any provision of this code or any 
other law or regulation now or hereafter in effect", is deleted 
as an unnecessary statement of the obvious. 

Subtitles. Nonconformance 

Part I. Nonconforming Signs 

§11-501. In GENERAL. 

SIGNS THAT WERE LAWFUL WHEN ERECTED BUT NO LONGER CONFORM TO THE 
REQUIREMENTS OF THIS ARTICLE MUST COMPLY WITH THE FOLLOWING 
REGULATIONS. 



< 



1272 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, §10.0-4. 

Defined terms: 

Erect §1-140 Sign §1-189 

Must c/ §1-211 



§ 11-502. Permitted alterations, replacements, relocations, etc. 

Any nonconforming sign may be structurally altered, 
reconstructed, replaced, or relocated, as long as the alteration, 
reconstruction, replacement, or relocation does not result in: 

( 1 ) AN increase in THE AREA OR ANY DIMENSION OF THE SIGN; 

(2) AN INCREASE IN THE DEGREE OF ILLUMINATION OF THE SIGN; 

(3) THE ADDITION OR RETENTION OF: 

(I) ANY MOVING, ROTATING, OR OTHERWISE ANIMATED PART; 
OR 

(n) ANY FLASHING, BLINKING, FLUCTUATING, OR OTHERWISE 
ANIMATED LIGHT; OR 

(4) ANY OTHER INCREASE DM THE DEGREE OF THE SIGN ' S 
NONCONFORMITY. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-4a. 

Defined terms: 

May c/ §1-211 Sign §1-189 

Nonconforming use §1-166 Structural alteration §1-192 



1273 



* 



Ord. 99-547 1 998- 1 999 Session 

§ 11-503. Termination of nonconforming general advertising signs. 

(A) In GENERAL 

In all Residence, Ofhce-Resedence, and B-1 Districts, a 
nonconforming general advertising sign: 

( 1 ) MAY BE continued FOR 5 YEARS AFTER THE DATE ON WHICH 
THE SIGN BECAME NONCONFORMING; AND 

(2) EXCEPT ONLY AS SPECIFIED IN SUBSECTION (B) OF THIS SECTION, 
MUST BE REMOVED BEFORE THE END OF THAT PERIOD. 

(B) Near EXPRESSWAY. 

a preexisting general advertising sign that became 
nonconforming solely because of the enactment of § 1 1 -206(c) 
{"Signs near expressways: Along Interstate within 1,500 ft. of 
another" } of this title may be continued. 

Revisor's Note 

Subsection (a) of this section is new language derived 

without substantive change from Article 30, § 10.0-4b. i 

i 

Subsection (b) of this section is new language derived from J 

Section 2 of Ordinance 84-183, which enacted the 
prohibition contained in the referenced section. 

In subsection (a)(2) of this section, the phrase "before the 
end of that period" is substituted for the unduly open-ended 
and, therefore, difficult to enforce "after the expiration of the 
... period". 



Deflned terms: 

General advertising sign § 1 1 - 1 1 Nonconforming use § 1 - 1 66 

May c/ §1-211 Sign §1-189 

Must c/ §1-211 



I 



1274 



1 998- 1 999 Session Ord. 99-547 



11-504. Termination of nonconforming business and identification 

SIGNS. 

(A) Residence AND Office-Residence Districts. 

In all Residence and Ofrce-Residence Districts, a 
nonconforming business or identihcation sign: 

( 1 ) may be continued for 5 years after the date on which 
the sign became nonconforming; and 

(2) BEFORE THE END OF THAT PERIOD, MUST BE: 

(1) REMOVED; 

(n) ALTERED OR CONVERTED TO A SIGN PERMITTED IN THE 
DISTRICT IN WHICH IT IS LOCATED; OR 

(m) ALTERED OR CONVERTED TO AN IDENTIHCATION SIGN 
THAT CONFORMS TO THE REQUIREMENTS OF PART II OF 
THIS SUBTITLE. 

(B) B-1 andM-1 Districts. 

In all B-1 AND M-1 Districts, a nonconforming business or 

IDENTIFICATION SIGN: 

( 1 ) MAY BE CONTINUED FOR 5 YEARS AFTER THE DATE ON WHICH 
THE SIGN BECAME NONCONFORMING; AND 

(2) BEFORE THE END OF THAT PERIOD, MUST BE: 

(I) REMOVED; OR 

(n) ALTERED OR CONVERTED TO A SIGN PERMITTED IN THE 
DISTRICT IN WHICH IT IS LOCATED. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-4c and 4e. 



1275 



I 



Ord. 99-547 1 998- 1 999 Session 



In subsections (a)(2) and (b)(2) of this section, the phrase 
"before the end of that period" is substituted for the unduly 
open-ended and, therefore, difficult to enforce "after the 
expiration of the ... period". 

Deflned terms: 

Business sign § 11 - 1 1 Must c/ § 1 -2 1 1 

Identification sign § 1 1 - 1 1 Nonconforming use § 1 - 1 66 

May c/. §1-211 Sign §1-189 



§ 11-505. Adult entertainment, adult book or video stores, peep 

SHOWS. 

Any NONCONFORMING SIGN USED IN CONNECTION WITH AN ADULT- 
ENTERTAINMENT BUSINESS, ADULT BOOK OR VIDEO STORE, OR PEEP SHOW 
ESTABLISHMENT: 

( 1 ) MAY BE CONTINUED FOR 3 YEARS AFTER THE DATE ON WHICH THAT 
SIGN BECAME NONCONFORMING; AND 

(2) BEFORE THE END OF THAT PERIOD MUST BE: 

(I) REMOVED; OR 

(n) ALTERED OR CONVERTED TO A SIGN PERMITTED IN THE 
DISTRICT IN WHICH IT IS LOCATED. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-6m. 

In the introductory clause of this section, the former 
reference to a "lawful" nonconforming sign is deleted as 
unnecessary in light of §13-105 to the same effect. 

In item (2) of this section, the phrase "before the end of that 
period" is substituted for the unduly open-ended and. 
therefore, difficult to enforce "after the expiration of the ... 
period". 



I 



1276 



1 998- 1 999 Session Ord. 99-547 



Defined terms: 

Adult-entertainment business §1-106 Nonconforming use §1-166 

Book or video store: adult § 1 - 1 20 Peep show establishment § 1 - 1 72 

May c/ §1-211 Sign §1-189 
Must c/ §1-211 



§ 11-506. {Reserved} 

§ 11-507. {Reserved} 

Part II. Signs for Nonconforming Uses 

§ 11-508. In general. 

In Residence and Ofrce-Residence Districts, business or 
identification signs for uses that are nonconforming under the 
provisions of this article must comply with the following 
regulations. 

Revisor's Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, §10.0-4d. 

In this section and throughout this Part II, references to 
"business signs" are added, conforming to the general usage 
in §1 1-504 and other sections of this subtitle. 

Defined terms: 

Business sign § 1 1 - 1 1 Nonconforming use § 1 - 1 66 

Identification sign § 1 1 - 1 1 Sign § 1 - 1 89 

Must c/ §1-211 

§ 11-509. Business and roENTincATiON signs. 

(A) In GENERAL 

1 non-illuminated or indirectly or directly illuminated business 
OR identification sign is allowed for each street frontage for 
each building devoted to a nonconforming use, subject to the 
limitations of this section. 

1277 



Ord. 99-547 1 998- 1 999 Session 

(B) Location. 

The sign must be located flat against the wall of the building 
and may not project more than 1 foot from that wall. 

(c) Maximum SIZE. 

The area of the sign may not exceed whichever of the following 
is the least: 

(1) A FACTOR OF 1 TIMES THE LINEAL FEET OF THE length OF THE 
BUILDING FACING THE FRONT LOT LINE; 

(2) 30 SQUARE FEET; OR 

(3) THE TOTAL AREA OF ALL SIGNS THAT NOW LAWFULLY EXIST. 

(D) Maximum HEIGHT 

The SIGN MAY NOT BE MORE THAN 15 FEET HIGH. 

(E) Moving, flashing, etc., parts or ughts prohibited. 

The SIGN MAY NOT HAVE OR CONSIST OF: 

( 1 ) ANY MOVING, ROTATING, OR OTHERWISE ANIMATED PART; OR 

(2) IF OTHERWISE PERMITTED TO BE ILLUMINATED, ANY FLASHING, 
BLINKING, FLUCTUATING, OR OTHERWISE ANIMATED LIGHT. 

(F) Duration. 

The SIGN MAY BE DISPLAYED ONLY DURING THE LIFE OF THE 
NONCONFORMING USE. 

Re VISOR'S Note 

This section is new language derived without substantive 
change from Article 30, § 1 0.0-4d 1 . 

Reference to "business signs" is added, conforming to the 
general usage in § 1 1 -504 and other sections of this subtitle. 



1278 



1 998- 1 999 Session Ord. 99-547 



In subsection (e)(2) of this section, the introductory clause 
"if otherwise permitted..." is added for clarity, conforming to 
the similar provisions of § 1 1 -305 of this title. 



Defined terms: 






Building 


§1-121 


May 


c/ §1-211 


Business sign 


§11-101 


May not 


c/ §1-211 


Directly illuminated sign 


§11-101 


Must 


c/ §1-211 


Indirectly illuminated sign 


§11-101 


Nonconforming use 


§1-166 


Identification sign 


§11-101 


Non-illuminated sign 


§11-101 


Lot 


§1-154 


Sign 


§1-189 


Lot line 


§1-156 







§11-510. Gasoline SERVICE STATIONS. 

(A) In GENERAL 

For nonconforming gasoline service stations, only the 
following business or identification signs are permitted, subject 
to the standards in this section and all other requirements of 
this article. 

(B) Oil COMPANY SIGN. 

( 1 ) 1 NON-DLLUMINATED OR INDIRECTLY OR DIRECTLY ILLUMINATED 
FREE-STANDING OIL COMPANY SIGN IS ALLOWED. 

(2) The SIGN MAY NOT: 

(I) EXCEED 64 SQUARE FEET; 

(n) BE MORE THAN 20 FEET HIGH; OR 

(ffl) PROJECT MORE THAN 1 FOOT ACROSS A STREET LINE. 

(c) Other incidental signs. 

( 1 ) Other non-ellumin ated or indirectly or directly 

illuminated business or identification signs, customarily 
incidental to the service station use (but not including 
wind signs), are allowed. 



1279 



Ord. 99-547 



1998-1999 Session 



(2) These SIGNS MAY NOT: 

(I) EXCEED A COMBINED AREA FOR ALL SIGNS OF 64 SQUARE 
FEET FOR THE PREMISES; 

(U) EF ATTACHED TO A BUILDING, EXTEND ABOVE THE ROOF 
LINE; OR 



(ID) DM ANY CASE, PROJECT BEYOND ANY STREET LINE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §10.0-4d2. 

References to "business signs" are added, conforming to the 
general usage in §1 1-504 and other sections of this subtitle. 



Defined terms: 






Building 


§1-121 


Non-illuminated sign 


§11-101 


Business sign 


§11-101 


Premises 


§1-176 


Directly illuminated sign 


§11-101 


Roof line 


§11-101 


Free-standing sign 


§11-101 


Sign 


§1-189 


Gasoline service station 


§1-146 


Street 


§1-190 


Indirectly illuminated sign 


§11-101 


Street line 


§1-191 


Identification sign 


§11-101 


Use 


§1-196 


May not 


c/ §1-211 


Wind sign 


§11-101 


Nonconforming use 


§1-166 







Title 12 
Performance Standards 

Subtitle 1. Overview 

§ 12-101. PURPOSE. 

The performance standards in this title are designed to promote 
AND protect Business Districts, as business areas, and M-1 Districts, 

as LIGHT industrial AREAS, THEREBY PROMOTING AND MAINTAINING THE 
MOST APPROPRIATE AND BENEFICIAL USE OF THESE AREAS. THE APPLICATION 
OF THESE STANDARDS WILL ALSO TEND TO PROTECT BUSINESS AND 
RESIDENTIAL AREAS IN OR ADJACENT TO A BUSINESS DISTRICT OR AN M- 1 



1280 



1998-1 999 Session Ord. 99-547 

District from adverse characteristics that might otherwise result 

FROM the operation OF THE USES ALLOWED IN THOSE DISTRICTS. 

Revisor's Note 

This section is new language derived without substantive 
change from the introductory paragraph of Article 30, §7.1- 
le. 

In this section and throughout this title, references to 
Business Districts (and business and residential areas 
adjacent to them) are added to reflect the requirements of 
§6-109 of this article, which imposes these performance 
standards, for several types of uses, in all Business Districts, 
not just the M-1 District. 

Defined terms: 

Adjacent §1-103 Use §1-196 

§ 12-102. Scope of standards. 

The performance standards in this title estabush criteria to 
control the effects, as they might emanate from a particular 
source, of the following: 

(1) NOISE; 

(2) VIBRATION; 

(3) SMOKE AND PARTICULATE MATTER; 

(4) TOXIC MATTER; 

(5) ODOROUS MATTER; AND 

(6) GLARE. 

Revisor's Note 

This section is new language that combines without 
substantive change the 1" sentence of Article 30, §7.1 -lei 
and§7.1-le2(v). 



128: 



Ord. 99-547 1 998- 1 999 SESSION 



The former reference to "flammable and explosive matter" is 
deleted. See General Revisor's Note to Title. 

For additional air pollution and noise regulations, generally 
applicable throughout the City, see also Revised Health 
Code, Title 8 {"Air Pollution"} and Title 9 {"Noise 
Regulation"}. 

§ 12-103. Applicability of standards. 

(A) In GENERAL 

Except as specified in subsection (b) of this section, the 
performance standards in this title apply to: 

( 1 ) all uses in an m- 1 district; and 

(2) all activities in a business district that involve the 
production, processing, cleaning, servicing, testing, or 
repair of materials, goods, or products. 

(B) Preexisting uses. 

( 1 ) Uses lawfully established before these performance 
standards were enacted or extended to apply to the 
district in which they are located need not comply with the 
standards. 

(2) However, if that use is later expanded, the expansion must 

COMPLY with all APPLICABLE PERFORMANCE STANDARDS. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"** and 3'** sentences of Article 30, §7.1- 
lel. 

Although those provisions referred expressly only to the M- 
1 District, they are revised to reflect their broader 
applicability — as indicated by §6- 1 09 of this title — to 
Business Districts as well. 



1282 



1998-1 999 Session Ord. 99-547 



In subsection (b)(2) of this section, former references to an 
"extension", "enlargement", or "addition" are deleted in 
light of the definition of "expan[sion]" to the same effect. 

See also §2-304 of this article, requiring a certification of 
compliance with all performance standards in order to obtain 
a Zoning Authorization. 

Deflned terms: 

Expand §1-141 Use §1-196 

Must c/ §1-211 



§ 12-104. Use of instruments. 

All instruments used for measurements required by these 
performance standards must meet and be used in accordance with 
nationally recognized good practice. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.1-1 e3. 

Defined terms: 

Must c/ §1-211 



Subtitle 2. Noise 
§ 12-201. Definitions. 

(A) In GENERAL. 

In this subtitle, the following terms have the MEANINGS 

indicated. 

Revisor's Note 

This subsection is new language derived without substantive 
change from the introductory clause of Article 30, §7. l-le2. 



1283 



Ord. 99-547 1 998- 1 999 Session 



(B) Decibel. 

( 1 ) "Deckel" or "dB" means the unit of measurement of relative 
sound intensity equal to 20 times the logarithm to the base 

1 of the ratio of the effective sound pressure to a 
reference pressure of 20 micronewtons per square meter. 

(2) In FORMULA, 

DB = 20LOGioP/Po 

WHERE P IS THE AVERAGE PRESSURE OF THE MEASURED SOUND, AND 
Po INDICATES THE REFERENCE PRESSURE CONSIDERED TO BE THE 
WEAKEST AUDIBLE PRESSURE A YOUNG EAR CAN DETECT UNDER 
IDEAL LISTENING CONDITIONS. 

Revisor's Note 

Paragraph (1) of this subsection is new language derived 
without substantive change from the 1" and 3'** sentences of 
Article 30, §7.1-le2(b). 

Paragraph (2) of this subsection is taken from the otherwise 
identical definition of "decibel" in Health Article §9-201 (b) 
and added here for clarity and consistency. 

The 2"** sentence, which deals with calibration of "sound 
level meters", is deleted. See Supplemental Revisor's Note 
to this section. 

(c) Frequency. 

"Frequency" signifies the number of oscillations per second in a 
sound wave and is an index of the pitch of the resulting sound. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §7.1-le2(k). 

(D) Octave BAND. 

"Octave band" means a prescribed interval of sound 
frequencies that classifies sound according to its pitch. 



1284 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §7.1-le2(q). 

Defined terms: 

Frequency § 1 2-20 1 

Supplemental Revisor's Note 

Several of the noise-related definitions in former Article 30, 
§7.1-le2 have been deleted as unnecessary, either because 
they say nothing that isn't stated in the substantive 
provisions that follow (e.g., "pre- 1960 octave bands") or 
because they define a term that wasn't used at all in the 
substantive text (e.g., "octave band filter"). Others, defining 
terms that are used but once, have been incorporated in the 
substantive text where used (e.g., "impact noise"). 

Similarly, the former definition of "sound level meter" is 
deleted. Although the term was used in several places in the 
substantive provisions governing noise, those references 
were essentially meaningless, since the governing standards 
(§ 1 2-203 and the accompanying tables) are based on octave 
band measurements, measured by an octave band analyzer. 

§ 12-202. Method of measurement. 

(A) Required INSTRUMENTS. 

For MEASURING THE INTENSITY AND FREQUENCY OF SOUND, THE 
FOLLOWING INSTRUMENTS MUST BE USED: 

(1) AN OCTAVE BAND ANALYZER; AND 

(2) AN IMPACT NOISE ANALYZER. 

(B) Octave BAND ANALYZER. 

( 1 ) Octave band analyzers calibrated with Pre- 1 960 Octave 
Bands (American- Standards Association Z24. 10-1953, 
"Octave Band Filter Set") must use Table A at the end of 
THIS subtitle. 

1285 



Ord. 99-547 1 998- 1 999 Session 



(2) Octave band analyzers calibrated in the Preferred 
Frequencies (American Standards Association SI. 6- 1960, 
"Preferred Frequences for Acoustical Measurements") 
MUST USE Table B at the end of this subtitle. 

(c) Impact NOISE ANALYZER. 

The impact noise analyzer must be used for all impact noises 
(that is, short-duration sounds, as from forge hammers, punch 

presses, and metal SHEARS). 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.1-le2(I), (r), (w), (x), and §7.1- 
le4(a). 

Throughout this section, former references to "sound level 
meters" are deleted. See Supplemental Revisor's Note to 
§12-201 of this subtitle. 

Defined terms: 

Frequency §12-201 Must c/ §1-211 

Octave band §12-201 



§ 12-203. Standards. 

(A) In GENERAL 

( 1 ) AT NO POINT IN AN ADJACENT LOT OR IN THE DISTRICTS SHOWN IN 

Tables A, B, and C may the sound pressure level of an 
operation or activity exceed the decibel limits in the octave 
bands designated. 

(2) Impact noises, as measured on an impact noise analyzer, may 
not exceed the peak intensities set forth in table c. 

(B) Exceptions. 

In determining decibel limits, the following are not TO BE 
INCLUDED: 

1286 



1998-1999 Session 



Ord. 99-547 



( 1 ) BACKGROUND NOISES PRODUCED BY SOURCES NOT UNDER THE 
CONTROL OF THE BUSINESS OR INDUSTRY, SUCH AS THE 
OPERATION OF MOTOR VEHICLES OR OTHER TRANSPORTATION 
FACILmES; AND 

(2) NOISES PRODUCED BY BLASTING DURING NECESSARY PERIODS OF 
BUILDING CONSTRUCTION, BUT ONLY IF THE BLASTING 
OPERATION COMPLIES WITH THE PERMIT AND OTHER 
REQUIREMENTS OF CiTY CODE ARTICLE 9, § 22. 

(c) Adjustment for nighttime Acnvrrms. 

( 1 ) The DECIBEL VALUES SPECIFIED FOR RESIDENCE AND OFFICE- 

Residence Districts in Tables A, B, and C are permitted only 
between the hours of 7 a.m. and 7 p.m. 

(2) From 7 p.m. to 7 a.m., the values specified in the tables are 
reduced by 5 decibels. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.1-le2(dd) and §7.1-le4(b). 

In subsection (a)(1) of this section, the term "adjoining" is 
deleted as unnecessary given the use, in the alternative, of 
the broader term "adjacent". 

In subsection (b) of this section, the term "business" is 
added to complement "industry", reflecting the applicability 
of these standards to Business Districts. 





Defined terms: 






Adjacent 


§1-103 


May not 


c/ §1-211 


Building 


§1-121 


No ... may 


c/ §1-211 


City Code 


§1-125 


Motor vehicle 


§1-162 


Decibel 


§12-201 


Octave band 


§12-201 


Lot 


§1-154 







1287 



Ord. 99-547 


1998-1999 Session 






Table A 








Pre-1960 Octa ve Band 


: 


Octave Band 






Office-Residence 


Pre-1960 


Adjacent 


Business 


AND 


(Cycles per Second) 


Lot 


District 


Residence 
Districts 


20-75 


80 


77 


74 


75-150 


69 


66 


62 ; 


150-300 


62 


58 


54 1 


300-600 


57 


53 


49 ! 


600-1200 


54 


49 


45 


1200-2400 


51 


46 


41 


2400 - 4800 


48 


43 


38 


Above 4800 


46 


41 


36 



Table B 
Preferred Frequencies 



Octave Band 






Office-Residence 


Preferred Frequencies 


Adjacent 


Business 


AND 


(Cycles per 


Second) 


Lot 


District 


Residence 
Districts 


31.5 




88 


86 


83 


63 




11 


74 


71 


125 




68 


64 


60 


250 




61 


57 


53 


500 




56 


52 


48 


1000 




53 


48 


44 


2000 




50 


45 


40 


4000 




48 


42 


38 


8000 




46 


41 


36 



««******««:|c 



1288 



1998-1999 Session 



Ord. 99-547 



Table C 
Impact Noises 



Overall Peak 



Adjacent 
Lot 



86 



Business 
District 



83 



Office- 
Residence 

AND 

Residence 
Districts 

80 



«4c******:ic4c3fe 



Revisor's Note 

These tables are derived without substantive change from 
those appearing after Article 30, §7.1-le4. 

Subtitles. Vibrations 
12-301. Definitions. 

(A) In GENERAL 

In this subtitle, the following terms have the meanings 
indicated. 

Revisor's Note 

This subsection is new language derived without substantive 
change from the introductory clause of Article 30, §7.1-le2. 

(B) Displacement (EARTH), 

"Displacement (earth)" means the amplitude of intensity of an 
earthborne vibration measured in inches. the displacement of 
amplitude is one-half the total earth movement. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §7.1-le2(c). 



1289 



Ord. 99-547 1 998- 1 999 Session 

Deflned terms: 

Earthbome vibration §1 2-301 (c) Vibration §12-30 1(e) 

(c) Earth BORNE vibration. 

"Earthborne vibration" means a cyclic movement of the earth 

DUE TO the propagation OF MECHANICAL ENERGY. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §7.1-le2(d). 

(D) Frequency. 

"Frequency" has the meaning stated in § 12-201 if this title. 
Revisor's Note 

This subsection is new language required to reflect the 
reorganization of definitions. 

(e) Vibration. 

"Vibration" means the periodic displacement of the earth. 
Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §7.1-le2(gg). 

DeHned terms: 

Displacement § 1 2-30 1 (b) 

Supplemental Revisor's Note 

Former Article 30, §7.1-le2(m) ("impact vibration") and 
(ee) ("three-component measuring system" ) define terms 
that are used but once and, accordingly, have been 
incorporated in the substantive text where used. 



1290 



1 998- 1 999 Session Ord. 99-547 



§ 12-302. Method of measurement. 

Vbration displacements must be measured with a three-component 
measuring system, simultaneously measuring earthborne 
vibrations in three mutually perpendicular directions. the 
maximum vector resultant must be less than the vibration 
displacement permitted by this subtitle. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.1-le2(ee) and §7.1-le5(a). 

Defined terms: 

Displacement § 1 2-30 1 Must c/ § 1 -2 1 1 

Earthbome vibration §12-301 Vibration §12-301 



§ 12-303. Standards. 

(A) In GENERAL 

( 1 ) An operation or activity is prohibited if, AT ANY POINT IN AN 
ADJACENT LOT OR IN THE DISTRICTS SHOWN IN TABLES D AND E, IT 
CAUSES EARTHBORNE VIBRATIONS IN EXCESS OF THE LIMITS 
SPECIFIED. 

(2) For purposes of exact interpolation between 10 cycles per 
second and 60 cycles per second, the product of frequency 
times displacement may not exceed the values set forth in 
Table E. 

(B) Exceptions. 

In DETERMINING LIMITS, THE FOLLOWING ARE NOT TO BE INCLUDED: 

( 1 ) BACKGROUND VIBRATIONS PRODUCED BY SOURCES NOT UNDER 
THE CONTROL OF THE BUSINESS OR INDUSTRY, SUCH AS THE 
OPERATION OF MOTOR VEHICLES OR OTHER TRANSPORTATION 
FACLLITIES; AND 



1291 



Ord. 99-547 



1998-1999 Session 



(2) VIBRATIONS PRODUCED BY BLASTING DURING NECESSARY 
PERIODS OF BUILDING CONSTRUCTION, BUT ONLY IF THE 
BLASTING OPERATION COMPLIES WITH THE PERMIT AND OTHER 
REQUIREMENTS OF CiTY CODE ARTICLE 9, §22. 

(c) Adjustment FOR NIGHTTIME AcrrvrriES. 

( 1 ) The values specified for Residence and Office-Residence 
Districts in Table D are permitted only between the hours 
of 7 a.m. and 7 p.m. 

(2) From 7 p.m. to 7 a.m., the values specified in that table are 
reduced to one-half of those listed. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, § 7.1-le5(b). 

In subsection (a)(1) of this section, the term "adjoining" is 
deleted as unnecessary given the use, in the alternative, of 
the broader term "adjacent". 

In subsection (b)(1) of this section, the term "business" is 
added to complement "industry", reflecting the applicability 
of these standards to Business Districts. 





Defined terms: 






Adjacent 




§1-103 


Frequency 


§12-301 


Building 




§1-121 


Lot 


§1-154 


City Code 




§1-125 


May not 


c/ §1-211 


Displacement 




§12-301 


Motor vehicle 


§1-162 


Earthbome vibration 


§12-301 


Vibration 


§12-301 



292 



1998-1999 Session 



Ord. 99-547 



Tabled 

(DISPIA CEMENT IN INCHES) 



Frequency 


Adjacent 


Business 


(Cycles per Second) 


Lot 


District 


10 AND BELOW 


.0015 


.0008 


20 


.0007 


.0005 


30 


.0005 


.0003 


40 


.0004 


.0003 


50 


.0003 


.0002 


60 AND ABOVE 


.0002 


.0002 



Office- 
Residence 

AND 

Residence 
Districts 

.0006 
.0003 
.0002 
.0002 
.0002 
.0002 



For impact vibrations (discrete vibration pulsations 
not exceeding 1 second in duration and having a 
pause of at least 1 second between pulses), the values 
specified above shall be multiplied by two. 



4::(e*:ic:fc*4:***3|c 



Table E 



Adjacent Business 
Lot District 



Office- 
Residence 

AND 

Residence 
Districts 



.0150 



.0080 



.0060 



**«4c«4c4c*«4c* 



Revisor's Note 



These tables are derived without substantive change from 
those appearing after Article 30, §7.1-le5 and, for Table D, 
the former definition of "impact vibration" in §7.1-le2(m). 



1293 



Ord. 99-547 1 998- 1 999 Session 

Subtitle 4. Smoke and Particula te Ma tter 
§ 12-401. Definitions. 

(A) In GENERAL 

In this subtitle, the following terms have the meanings 
indicated. 

Revisor's Note 

This subsection is new language derived without substantive 
change from the introductory clause of Article 30, §7.1-le2. 

(B) Particulate MATTER. 

"Particulate matter" means any materia that is suspended in 
OR discharged into the atmosphere in a finely-divided form as a 
solid. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §7.1-le2(u). 

The phrase "other than water" is deleted as unnecessary 
given the statement that the matter be in the form of a 
"solid". 

(C) RiNGELMANN CHART. 

"RiNGELMANN CHART" MEANS THE CHART BY THAT NAME, AS ADOPTED 
AND PUBLISHED BY THE UNITED STATES BUREAU OF MINES IN CIRCULAR 
No. 77 1 8, ON WHICH ARE ILLUSTRATED GRADUATED SHADES OF GRAY 
FOR ESTIMATING THE LIGHT OBSCURATION CAPACITY OF SMOKE OR ITS 
EQUIVALENT. 

Revisor's Note 

This subsection is new language that combines and 
conforms the definition in Article 30, §7.1-le2(y) and the 
duplicative description in §7.1-le6(a). 

But see Revisor's Note to §12-402 of this subtitle. 
1294 






1998-1999 Session Ord. 99-547 



DeHned terms: 

Smoke §1 2-401 (e) 

(D) RiNGELMANN No. 

"RiNGELMANN NO." MEANS THE NUMBER ASSIGNED TO THE AREA ON THE 
RiNGELMANN CHART THAT COINCIDES MOST NEARLY WITH THE VISUAL 
DENSITY OR EQUIVALENT OPACITY OF THE EMISSION OR SMOKE 
OBSERVED. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §7.1-le2(z). 

The phrase "visual density or equivalent opacity" is 
substituted for "visual density o/ equivalent opacity", 
conforming to the usage in § 12-403 and correcting an 
apparent typographical error. 

But see Revisor's Note to §12-402 of this subtitle. 

Defined terms: 

Ringelmann Chart §12-40 1(c) Smoke §12-40 1(e) 

(E) Smoke. 

"Smoke" means small gas-borne particles, other than water, 
that form a visible plume in the air. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §7.1-le2(bb). 

§ 12-402. Method of measurement. 

For DETERMINING THE VISUAL DENSITY OR EQUIVALENT OPACITY OF SMOKE, 
THE RINGELMANN CHART MUST BE USED. 



1295 



Ord. 99-547 1 998- 1 999 Session 



Re VISOR'S Note 



This section is new language derived without substantive 
change from Article 30, §7.1-le6(a). 



The phrase "visual density or equivalent opacity" is 
substituted for " density o/ equivalent opacity", conforming 
to the usage in § 1 2-403 and correcting an apparent 
typographical error. 

The description of the Chart is incorporated into the 
definition in §12-40 1(d). 

The Review Committee notes that, according to Health 
Department experts, the use of the "Ringelmann Chart" to 
measure smoke density is obsolete. This method no longer 
is taught nor, therefore, used in the industry. The City 
Council should consider a new set of standards that 
incorporate the current methods of measuring "percent 
opacity" by certified visual emissions experts. 

Deflned terms: 

Must c/ §1-211 Smoke §12-401 

Ringelmann Chart § 1 2-40 1 



§ 12-403. Standards. 

(a) Smoke. 

( 1 ) Except as specified in paragraph (2) of this subsection, the 
emission of smoke from a vent, stack, chimney, or 
combustion process may not exceed a density or equivalent 
OPACITY OF Ringelmann No. 1 . 

(2) Smoke that exceeds Ringelmann No. 1 but does not exceed 
Ringelmann No. 3 is permitted for 2 minutes during any 8- 
HOUR period. 



1296 



1 998- 1 999 Session Ord. 99-547 



(B) Particulate MATTER. 

( 1 ) The emission of particulate matter from vents, stacks, and 
chimneys may not exceed, as measured in the sources, 0.2 
pounds per hour per acre of lot property. 

(2) The wind-bourne emission of particulate matter from open 
storage areas, yards, service roads, or other areas of a lot 
must be kept to a minimum by appropriate landscaping, 
paving, oiling, wetting, or other means. 

(3) The emission of particulate matter from sources in a lot 
must be controlled so as not to cause a nuisance across lot 

LINES. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.1-le6(b). 

In subsection (a)(1) of this section, the reference to 
"continuous" smoke emission is deleted to ehminate an 
inordinate gap. "Continuous", of course, means 
uninterrupted (as distinct, for example, from "continual" or 
intermittent). Thus, the standard in paragraph (1), as 
formerly drafted, would apply only if the emission were 
uninterrupted, while the more liberal standard in paragraph 
(2) would apply for an emission of no more than 2 minutes 
per 8-hour period — leaving unaddressed (and arguably 
unregulated) emissions that are less than continuous but 
more than 2 minutes per 8-hour period. 



Defined terms: 






Lot 

Lot line 
May not 
Must 


§1-154 

§1-156 

c/ §1-211 

c/ §1-211 


Particulate matter 
Ringelmann No. 
Smoke 
Yard 


§12-401 

§12-401 

§12-401 

§1-198 




Subtitles 


'. Toxic Matter 




§ 12-501. Definitions. 








(A) In GENERAL. 




1297 





Ord. 99-547 1 998- 1 999 Session 



In this subtitle, the following terms have the meanings 
indicated. 

Revisor's Note 

This subsection is new language derived without substantive 
change from the introductory clause of Article 30, §7.1-le2. 

(B) Toxic MATTER. 

( 1 ) "Toxic matter" means materials that, when present in 
relatively small amounts, are capable of causing injury to 
living organisms by chemical means. 

(2) "Toxic matter" includes radioactive materials. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §7.1-le2(ff). 

Defined terms: 

Includes; including §1-152 

§ 12-502. Method of measurement. 

For measuring toxic matter, the most recent list of "Threshold 
LiMFT Values", as published by the American Conference of 
Governmental Industrl\lHygienists or its successor, must be used. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.1-le7(a). 

The defined term "toxic matter" is substituted for the former, 
inconsistent reference to "toxic materials". 

Defined terms: 

Must c/ §1-211 



1298 



1 998- 1 999 Session Ord. 99-547 

§ 12-503. Standards. 

(A) Where MEASURED. 

All measurements for toxic matter must be taken at a point 

BEYOND THE LOT LINE, AT GROUND LEVEL OR AT HABITABLE ELEVATIONS, 
WHICHEVER IS MORE RESTRICTIVE. 

(B) Maximum PERMruED. 

( 1 ) If A TOXIC MATTER IS LISTED IN "THRESHOLD LIMIT VALUES", THE 

measured concentration based on a 24-hour sampling period 
may not exceed 1/30 of the maximum permissible airborne 
concentration allowed by "threshold limit values" for an 
industrial worker. 

(2) If a toxic matter is not listed in "Threshold Limit Values", 

THE concentration EITHER AT GROUND LEVEL OR AT HABITABLE 
ELEVATIONS OUTSIDE THE LOT LINE MAY NOT BE INJURIOUS TO 
HEALTH, AS DETERMINED BY THE CiTY HEALTH DEPARTMENT. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.1-le7(b). 

The defined term "toxic matter" is substituted for the former, 
inconsistent reference to "toxic materials". 





Defined terms: 






Lot 


§1-154 


Must 


c/ §1-211 


Lot line 


§1-156 


Toxic matter 


§12-501 


May not 


c/ §1-211 







Subtitle 6. Odorous Matter 
§ 12-601. Definitions. 

(A) In GENERAL 

In THIS SUBTITLE, THE FOLLOWING TERMS HAVE THE MEANINGS 
INDICATED. 

1299 



Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 

This subsection is new language derived without substantive 
change from the introductory clause of Article 30, §7.1-le2. 

(B) Odorous MATTER. 

"Oexdrous matter" means any material that produces an 
olfactory response in human beings. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §7.1-le2(s). 

(C) Odor THRESHOLD. 

"Odor threshold" means the minimum concentration of odorous 
matter that, when in the air, produces an olfactory response in 
human beings. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §7.1-le2(t). 

Defined terms: 

Odorous matter § 1 2-60 1 (b) 



§ 12-602. Method of measurement. 

For MEASURING ODOR THRESHOLDS, THE AMERICAN SOCIETY OF TESTING 

AND Materials Method D 1 39 1 -57, "Standard Method for 
Measurement of Oix>r in Atmospheres (Dilution Method)" must be 

USED. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.1-le8(a). 



1300 



1998-1 999 Session Ord. 99-547 

Deflned terms: 
Must c/ §1-211 Odor threshold §12-601 

§ 12-603. Standards. 

(A) In GENERAL. 

The release of odorous matter across lot lines may not exceed 

THE odor threshold WHEN MEASURED IN AN ADJACENT LOT, EITHER AT 
GROUND LEVEL OR AT HABITABLE ELEVATIONS. 

(B) Odorous EFFLUENT. 

If the EFFLUENT FROM ANY USE BECOMES ODOROUS, SUCH AS BY 
BACTERIAL ACTION OR CHEMICAL REACTION, THE ODOR PRODUCED MUST 
MEET THE REQUIREMENTS OF THE DISTRICT IN WHICH THE ODOR 

originates. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.1-le8(b). 

In subsection (a) of this section, the term "adjoining" is 
deleted as unnecessary given the use, in the alternative, of 
the broader term "adjacent". 





DeGned terms: 






Adjacent 


§1-103 


Must 


c/ §1-211 


Lot 


§1-154 


Odorous matter 


§12-601 


Lot line 


§1-156 


Odor threshold 


§12-601 


May not 


c/ §1-211 


Use 


§1-196 



Subtitle?. Glare 
§ 12-701. Definitions. 

(A) In GENERAL 

1301 



Ord. 99-547 1 998- 1 999 SESSION 



In this subtitle, the following terms have the meanings 
indicated. 

Revisor's Note 

This subsection is new language derived without substantive 
change from the introductory clause of Article 30, §7.1-le2. 

(B) FOOTCANDLE. 

"FOOTCANDLE" MEANS THE UNIT OF ILLUMINATION THAT EQUALS THE 
ILLUMINATION AT ALL POINTS 1 FOOT DISTANT FROM A UNIFORM POINT 
SOURCE OF 1 CANDLE POWER. 

Re VISOR'S Note 

This subsection is new language derived without substantive 
change from Article 30, §7.1-le2(i). 

§ 12-702. Method of measurement. 

For MEASURING ILLUMINATION, THE INTERNATIONAL CANDLE, ADOPTED IN 
1940 AS 1/60 OF THE BRIGHTNESS OF FREEZING PLATINUM, MUST BE USED. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §7.1-lelO(a). 

Defined terms: 

Must c/ §1-211 



§ 12-703. STANDARDS. 

(A) Maximum LEVELS. 

( 1 ) An OPERATION OR ACTIVITY THAT PRODUCES GLARE MUST BE 

CONDUCTED SO THAT NO DIRECT OR INDIRECT ILLUMINATION FROM 
THE SOURCE OF LIGHT EXCEEDS A LEVEL OF Vi -FOOT CANDLE WHEN 
MEASURED AT THE NEAREST POINT OF ANY LOT LINE IN A RESIDENCE 

OR Oprce-Residence District. 



I 



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1 998- 1 999 Session Ord. 99-547 



(2) If street lighting produces illumination in excess of 1 

FOOTCANDLE AT ANY POINT IN A RESIDENCE OR OFFICE-RESIDENCE 

District, the contribution by light sources from within a 
Business District or an M-1 District measured at the same 
point may not exceed 50% OF the street lighting. 

(B) Puckering OR INTENSE LIGHTS. 

Flickering or intense sources of ught must be controlled or 
shielded so they do not cause a nuisance across lot lines. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, § 7. 1-1 el 0(b). 

In subsection (b)(2) of this section, "Business District" is 
added to reflect the applicability of these standards to 
Business Districts. 

Defined terms: 

Footcandle § 1 2-70 1 May not c/ § 1 -2 1 1 

Lot §1-154 Must c/ §1-211 

Lot line §1-156 Street §1-190 



General Revisor's Note to Title 

In revising this title. Article 30, §7.1-le9 and Table F, 
governing the storage and handling of flammable and 
explosive materials, together with corresponding definitions 
in §7.1-le2 of "closed-cup flash point", "fire-protected", 
"fire-resistant", "flammable liquid or gas", "flammable 
material", "free burning", "incombustible", "intense 
burning", "moderate burning", and "slow burning", have all 
been deleted as obsolete (and, in the case of some 
definitions, as superfluously defining terms never used). 
Fire Department officials advise that the terminology, 
definitions, testing methods, and standards in these 
provisions are antiquated, no longer used, and, in any event, 
adequately covered by City and State Fire Codes and 
regulations. 

The Review Committee notes that the provisions of former 
Article 30 establishing performance standards have gone 



303 



Ord. 99-547 1 998- 1 999 Session 



unamended and, presumably, unreviewed for almost 30 
years. As previously noted, several of these provisions are 
obsolete and, judging from the plethora of superfluous 
definitions and like anomalies, were likely obsolescent when 
originally enacted. {See, e.g., the preceding paragraph on 
flammable and explosive materials, the Supplemental 
Revisor's Note to §12-201 on octave band filters and sound 
level meters, and the Revisor's Note to §12-402 on the use 
of the Ringelmann Chart.) 

A careful, substantive study of all these provisions is 
perhaps long overdue. 



Title 13 
Nonconformance 

Subtitle 1, Definitions; Overview 

§ 13-101. Definitions. 

(A) In GENERAL. 

In this title, the following terms have the meanings indicated. 
Revisor's Note 

This subsection is new language used as the standard 
introduction to a series of definitions. 

(b) noncomplying structure. 

"Noncomplying structure" means any lawfully existing 
structure that does not comply with the applicable bulk 
regulations of the district in which it is located. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §13.0-2-60. 

The former reference to a "building" is deleted as 
unnecessary given the broader reference to any "structure". 



1304 



1 998- 1 999 Session Ord. 99-547 

Defined terms: 

Structure §1-193 

(c) Nonconforming use. 

"Nonconforming use" means any lawfully existing use of a 
structure or of land that does not conform to the applicable 
use regulations of the district in which it is located. 

Revisor's Note 

This subsection is new language derived without substantive 
change from Article 30, §13.0-2-61. 

The former reference to a "building" is deleted as 
unnecessary given the broader reference to any "structure". 

Defined terms: 

Structure §1-193 Use §1-196 



§ 13-102. Purpose. 

This article establishes separate districts, each of which is an 
appropriate area for the location of the uses and structures that 
are allowed in that district. consistent with the establishment of 
those districts, all uses and structures incompatible with allowed 
uses and structures must be strictly regulated and properly 
controlled. this title, therefore, provides for the regulation of 
nonconforming uses and noncomplying structures existing in the 
various districts. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1 " paragraph of the introduction to Chapter 
8 of Article 30. 



1305 



Ord. 99-547 1 998- 1 999 Session 



Defined terms: 

Must c/ §1-211 Structure §1-193 

Noncomplying structure §13-101 Use §1-196 

Nonconforming use § 1 3 - 1 1 



§ 13-103. Scope. 

(A) In GENERAL 

Except as specified in subsection (b) of this section, this title 
regulates the continuance of all: 

(1) nonconforming uses; 

(2) nonconforming structures and their uses; and 

(3) noncomplying structures. 

(B) Nonconforming signs. 

The CONTINUANCE OF NONCONFORMING SIGNS ARE REGULATED BY TITLE 

1 1 {"Sign Regulations"} of this article. 
Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-1 and the 3"* paragraph of the 
introduction to Chapter 8. 

In subsection (a)(2) of this section, the reference to "uses" is 
added for clarity. See Subtitle 3 of this title. 

Defined terms: 

Noncomplying structure §13-101 Structure § 1 - 1 93 

Nonconforming use §13-101 Use §1-196 

Sign §1-189 



1306 



» 



1 998- 1 999 Session Ord. 99-547 

§ 13-104. Termination of certain uses. 

(A) Imposed on certain uses. 

Nonconforming uses and noncomplying structures 
substantially and adversely affect the maintenance, 
development, use, and taxable value of other property in the 
DISTRICT. Accordingly, for those uses that have serious 

BLIGHTING EFFECTS ON ADJACENT USES, A TIME LIMIT, OR TOLERANCE 
period, has been placed on THEIR CONTINUANCE. 

(B) Benefits. 

In those cases, the owner is given time within WHICH TO MAKE 
ALTERNATIVE PLANS FOR THE PROPERTY, WHILE THE PUBLIC IS ASSURED 
THAT THE DISTRICT IN WHICH THE NONCONFORMING USE EXISTS WELL 
EVENTUALLY BENEFIT FROM A SUBSTANTIAL UNIFORMITY OF USES WITHIN 
THE DISTRICT. 

(c) Terminations required by prior ordinances to govern. 

Notwithstanding any other provisions of this title, if any use is 
required to be terminated under this article and was also 

required to be TERMINATED OR MADE CONFORMING UNDER ANY PRIOR 
ORDINANCE OF THE MAYOR AND CiTY COUNCIL, THE PRIOR ORDINANCE 
GOVERNS AS TO THE DATE OF THE REQUIRED TERMINATION. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-7d and the 2"^ paragraph of the 
introduction to Chapter 8. 

Defined terms: 

Adjacent §1-103 Structure §1-193 

Noncomplying structure § 1 3 - 1 1 Use § 1 - 1 96 

Nonconforming use § 1 3 - 1 1 



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Ord. 99-547 1 998- 1 999 SESSION 



§ 13-105. Nonconformity not established by casual, temporary, or 

UNLAWFUL uses. 

A CASUAL, temporary, OR UNLAWFUL USE OF ANY LAND OR STRUCTURE 
DOES NOT ESTABLISH ANY NONCONFORMING USE, NONCOMPLYING DENSITY, 
OR OTHER FORM OF NONCONFORMITY. 

Revisor's Note 

This section is new language derived without substantive 
change from the 3'** paragraph of Article 30, §8.0-7c. 

Defined terms: 

Nonconforming use § 1 3 - 1 1 Use § 1 - 1 96 

Structure §1-193 



§ 13-106. NONCOMPLLyVCE WITH OFF-STREET PARKING REQUIREMENTS. 

No USE MAY BE CONSTRUED AS NONCONFORMING SOLELY BY REASON OF 
NONCOMPLIANCE WITH THE OFF-STREET PARKING REQUIREMENTS OF THIS 
ARTICLE. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"** paragraph of Article 30, §8.0-7c. 

Defined terms: 

No. ..may c/ §1-211 Use §1-196 

Nonconforming use § 1 3 - 1 1 

§ 13-107. Determinations of nonconformity or noncompll\nce. 

(A) By Board. 

Whether a nonconforming use, noncomplying density, or other 

FORM OF nonconformity EXISTS IS A QUESTION OF FACT THAT, EXCEPT 
AS SPECIFIED IN SUBSECTION (B) OF THIS SECTION, MUST BE DECIDED BY 

THE Board after public notice and hearing and in accordance 

WITH THE RULES OF THE BOARD. 



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1 998- 1 999 Session Ord. 99-547 



(B) By Administrator. 

The Zoning Administrator may issue a use permit, without 
referring the matter to the board, if: 

( 1 ) permits, ordinances, the police survey of 1 93 1 , or other 
records on file with the zoning administrator: 

(i) document the existence of a bona fide 

nonconforming use, noncomplying density, or 
other nonconformance; and 

(n) clearly show us continued and uninterrupted 
use to the date of inquiry or application; and 

(2) a field inspection of the construction, design, and 
arrangement of the structure or use in question 
confirms these records. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1" paragraph of Article 30, §8.0-7c. 

In subsection (b) of this section, "use permit" is substituted 
for "certificate of occupancy ". See Revisor's Note to §2- 
401 of this article. 

Defined terms: 

Board § 1 - 1 1 8 Nonconforming use §13-101 

May c/ §1-211 Structure §1-193 

Must c/ §1-211 Use §1-196 



Subtitle 2. Nonconforming Uses of Land (Class I) 
§ 13-201. Scope of subtitle. 

This subtitle applies to Class I nonconforming uses, which comprise: 

( 1 ) ANY nonconforming USE OF LAND ON WHICH NO STRUCTURE IS 
LOCATED; 



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Ord. 99-547 1 998- 1 999 SESSION 



(2) ANY NONCONFORMING USE OF LAND ON WHICH THE USE OF A 
STRUCTURE IS ACCESSORY TO THE NONCONFORMING USE; AND 

(3) ANY NONCONFORMING USE OF LAND ON A PART OF WHICH A 
STRUCTURE IS LOCATED AND THE NONCONFORMING USE OF THE 
LAND IS NOT ACCESSORY TO ANY USE OF THE STRUCTURE. 

Revisor's Note 

This section is new language derived without substantive 
change from the T' paragraph of Article 30, §8.0-2a. 

The 2*^ paragraph of §8.0-2a, establishing an exception for 
nonconfonning quarries, is deleted. Quarries ("excavation 
of sand, gravel ...") are allowed as conditional uses in the M 
Districts, and none are known to still exist outside those 
districts. 

Deflned terms: 

Accessory use or structure § 1 - 1 02 Structure § 1 - 1 93 

Nonconforming use §13-101 Use §1-196 



§ 13-202. CONTINUATION OF USE. 

Except as specified in this article, Class I nonconforming uses of 

LAND MAY BE CONTINUED, SUBJECT TO THE REGULATIONS OF THIS SUBTITLE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-1 as it relates to 
nonconforming uses of land. 

The introductory clause is added for clarity. 

Defined terms: 

May c/ §1-211 Use §1-196 

Nonconforming use §13-101 



§ 13-203. {Reserved} 



1310 



1 998- 1 999 Session Ord. 99-547 

§ 13-204. {Reserved} 
§ 13-205. Changes in use. 

(A) Only to permitted use. 

A Class I nonconforming use may not be changed to any other 

USE EXCEPT A USE THAT IS PERMITTED IN THE DISTRICT IN WHICH THE 
LAND IS LXX:ATED. 

(B) Reversion PROHIBITED. 

If a Class I nonconforming use has been changed to a 

CONFORMING USE, IT MAY NOT LATER BE CHANGED BACK TO A 
NONCONFORMING USE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-2b. 

Defined terms: 

Maynot c/ §1-211 Use §1-196 

Nonconforming use §13-101 

§ 13-206. Expansions of use. 

(A) In GENERAL. 

Except as specified in subsection (b) of this section, a Class I 
nonconforming use in any district may not be expanded in any 

MANNER, nor MAY ANY STRUCTURE BE ERECTED OR EXPANDED, UNLESS 
THE USE OF THE LAND AND THE STRUCTURE IS MADE TO CONFORM TO THE 
REGULATIONS OF THE DISTRICT IN WHICH THEY ARE LOCATED. 

(B) InB-3, B-4, B-5, M-2, andM-3 Districts. 

In ACCORDANCE WITH SUBTITLE 7 { "MODmCATIONS AND 
CONTINUANCES BY BOARD" } OF THIS TITLE, THE BOARD MAY AUTHORIZE 
AN EXPANSION OF A CLASS I NONCONFORMING USE IN A B-3, B-4, B-5, M- 
2, OR M-3 DISTRICT. 



1311 



Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-2c. 

In subsection (a) of this section, the former, limited list of 
districts (R, 0-R, B-1, B-2, and M-1) is deleted as 
misleading at best. The right to make changes that "conform 
to the regulations of the district" applies to all districts. 

The defined term "expanded" is substituted in subsection (a) 
of this section for the former litany of near synonyms, 
"extended, expanded, enlarged, or added" and, in subsection 
(b) of this section, for the inconsistent singleton "extension". 



I 





Defined terms: 






Erect 


§1-140 


No ... may 


c/ §1-211 


Expand 


§1-141 


Nonconforming use 


§13-101 


May 


c/ §1-211 


Structure 


§1-193 


May not 


c/ §1-211 


Use 


§1-196 



13-207. Discontinuance or abandonment. 

(A) Discontinuance of use. 

Whenever the active and continuous operation of any Class I 
nonconforming use, or any part of that use, has been 
discontinued for 6 consecutive months: 

( 1 ) the discontinuance constitutes an abandonment of the 
discontinued nonconforming use, or discontinued part 
of that use, regardless of any reservation of an intent 
to resume active operations or otherwise not abandon 
the use; and 

(2) the discontinued nonconforming use, or discontinued 
part of that use: 

(i) may not be reestablished; and 

(d) any subsequent use of any part of the land or 
structure previously used for the discontinued 



1312 



1998-1 999 Session Ord. 99-547 



USE, OR DISCONTINUED PART OF THAT USE, MUST 
CONFORM TO THE REGULATIONS OF THE DISTRICT IN 
WHICH THE LAND OR STRUCTURE IS LOCATED. 

(B) Abandonment OF USE. 

If, at any time, actual abandonment in FACT IS EVIDENCED BY 
REMOVAL OF STRUCTURES, MACHINERY, OR EQUIPMENT, OR BY 
ALTERATIONS THAT INDICATE A CHANGE IN THE USE OF ANY PART OF THE 
LAND OR STRUCTURE: 

( 1 ) THAT ACTION CONSTITUTES AN ABANDONMENT OF THE 
NONCONFORMING USE, OR AFFECTED PART OF THAT USE; AND 

(2) ALL RIGHTS TO CONTINUE OR REESTABLISH THE 
NONCONFORMING USE, OR PART OF THAT USE, IMMEDIATELY 
TERMINATE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-2d. 

Defined terms: 

May not c/ § 1 -2 11 Structure § 1 - 1 93 

Must c/ §1-211 Use §1-196 

Nonconforming use §13-101 

§ 13-208. RELOCATION WITHIN LOT. 

(A) In GENERAL. 

Except as specified in subsection (b) of this section, a Class I 

NONCONFORMING USE IN ANY DISTRICT MAY NOT BE MOVED, IN WHOLE 
OR IN PART, TO ANY OTHER LOCATION ON THE LOT. 

(B) InB-3, B-4, B-5, M-2, and M-3 Districts. 

In accordance with Subtitle 7 {"Modircations and 
Continuances by Board" } of this title, the Board may authorize 



1313 



Ord. 99-547 1 998- 1 999 Session 



A Class I nonconforming use in a B-3, B-4, B-5, M-2, or M-3 
District to be moved to another location on the lot. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-2e. 

Defined terms: 

Board §1-118 May not c/ §1-211 

Lot § I - 1 54 Nonconforming use § 1 3 - 1 1 

May c/ §1-211 Use §1-196 



§ 13-209. Mandatory termination in Residence, Office-Residence, 
AND B-1 Districts 

In A Residence, Ofrce-Residence, or B-1 District, a Class I 

NONCONFORMING USE MUST BE DISCONTINUED AND CEASE NO LATER THAN 3 
YEARS AFTER THE DATE ON WHICH THAT USE BECAME NONCONFORMING, 
WHETHER THE USE BECAME NONCONFORMING BY THE ENACTMENT OF OR 
AMENDMENT TO THIS ARTICLE OR BY RECLASSMCATION OF A DISTRICT OR 
PROPERTY'. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-2f. 

Defined terms: 

Must c/ §1-211 Use §1-196 

Nonconforming use § 1 3 - 1 1 



Subtitle 3. Nonconforming Structures and their Uses (Class II). 
§ 13-301. Scope OF SUBTITLE. 

This subtitle applies to Class II nonconforming structures and 

THEIR uses, WHICH COMPRISE: 



1314 



1 998- 1 999 Session Ord. 99-547 



( 1 ) ANY STRUCTURE ALL OR SUBSTANTIALLY ALL OF WHICH WAS 
DESIGNED AND ERECTED FOR A USE THAT IS NO LONGER ALLOWED IN 
THE DISTRICT IN WHICH IT IS LOCATED; AND 

(2) ANY NONCONFORMING USES OF THAT STRUCTURE OR OF THE LOT ON 
WHICH THAT STRUCTURE IS LOCATED. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, § 8.0-3a. 

Item (2) of this section is revised to clarify, in accordance 
with administrative practice and understanding, the former, 
ambiguous references to "the uses thereof and "land 
accessory thereto". 



Defined terms: 




§1-140 


Structure 


§1-154 


Use 


inguse §13-101 





§1-193 
§1-196 



§13-302. Continuation of structure and use. 

Except as specified in this article, Class n nonconforming 

STRUCTURES AND THEIR USES MAY BE CONTINUED, SUBJECT TO THE 
REGULATIONS OF THIS SUBTITLE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-1, as it relates to 
nonconforming structures and their uses. 

The introductory clause is added for clarity. 

Defined terms: 

May c/ §1-211 Structure §1-193 

Nonconforming use § 1 3 - 1 1 Use § 1 - 1 96 



1315 



Ord. 99-547 1 998- 1 999 SESSION 

§13-303. Repairs AND ALTERATIONS. 

(A) In GENERAL. 

A Class n nonconforming structure may be maintained, 

REPAIRED, or STRUCTURALLY ALTERED SUBJECT TO THE CONDITIONS OF 
THIS SECTION. 

(B) Conditions of making repairs, etc. 

( 1 ) In A Business District (other than B- 1 ) or Industrial 
District, all alterations that create expansions must 
comply with § 13-306 of this subtitle. 

(2) In a Residence, Ofrce-Residence, or B-1 District: 

(I) THE nonconforming USE MAY NOT BE EXPANDED; AND 

(n) NO STRUCTURAL ALTERATIONS MAY MADE IN OR TO ANY 
PART OF THE STRUCTURE, EXCEPT: 

(A) THOSE REQUIRED BY LAW; 

(B) those made to conform the STRUCTURE AND 

its use to the regulations of the district in 
which the structure is located; or 

(c) the alteration of an exterior wall, if 
authorized by the board under subtitle 7 
{ "modmc ations and continuances by 
Board"} of this title. 

(c) Permitted REPAIRS. 

The repairs permitted by this section include: 

( 1 ) THE replacement OF STORAGE TANKS WHERE THE S.AFETY OF 
operations in THE STRUCTURE REQUIRES THIS REPLACEMENT; 

(2) OTHER REPLACEMENTS OR SUBSTITUTIONS OF MACHINERY OR 
EQUIPMENT THAT DO NOT INVOLVE STRUCTURAL ALTERATIONS 
TO ANY PART OF THE STRUCTURE; AND 



1316 



1998-1999 Session 



Ord. 99-547 



(3) THE REPLACEMENT OF DAMAGED OR DETERIORATED 
STRUCTURAL MEMBERS. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-3b. 

The defined term "expan[sion]" is substituted in subsection 
(b)(1) of this section for "extension or enlargement" and, in 
subsection (b)(2) of this section, for the inconsistent 
"extended, expanded, or enlarged". 



Deflned terms: 






Board §1-118 


No ... may 


c/ §1-211 


Expand §1-141 


Nonconforming use 


§13-101 


Includes: including §1-152 


Structural alteration 


§1-192 


May c/ §1-211 


Structure 


§1-193 


May not c/ §1-211 


Use 


§1-196 


Must c/ §1-211 







§ 13-304. Restoration of damaged structures. 

If any part of a Class n nonconforming structure is destroyed or 

DAMAGED BY FIRE, OTHER CASUALTY, OR ACT OF GOD, NO REPAIRS OR 
RECONSTRUCTION MAY BE MADE UNLESS: 

( 1 ) A BUILDING PERMIT IS OBTAINED AND WORK STARTED WITHIN 1 YEAR 
FROM THE DATE OF THE DESTRUCTION OR DAMAGE AND THE WORK IS 
DILIGENTLY PURSUED TO COMPLETION; OR 

(2) THE REPAIRS OR RECONSTRUCTION ARE: 

(I) REQUIRED BY LAW; OR 

(n) MADE TO CONFORM THE STRUCTURE TO THE REGULATIONS 
OF THE DISTRICT IN WHICH THE STRUCTURE IS LOCATED. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-3c. 



1317 



Ord. 99-547 1 998- 1 999 Session 



Item (2)(i) is new, added to conform to the similar reference 
in §14-302(b)(2)(ii)(A) and administrative practice. 

Defined terms: 

No ... may cf. §1-21 1 Structure §1-193 

§ 13-305. Changes in use. 

(A) In GENERAL 

Except as specified in subsection (b) or (c) of this section, a 
Class II nonconforming use in any district may not be changed 

TO ANY OTHER NONCONFORMING USE. 

(B) In Residence AND Office-Residence Districts. 

In accordance with Subtitle 7 {"Modihcations and 
Continuances by Board"} of this title, the Board may authorize 
A Class II nonconforming use in a Residence or Ofrce-Residence 
District to be changed as follows: 

( 1 ) to a use permitted in an m- 1 district, if the 
nonconforming use is located in a structure all or 
substantially all of which is designed and erected for 
an industrial use; or 

(2) to a use permitted in a b- 1 district, if the 
nonconforming use is located in a structure all or 
substantially all of which is designed and erected for a 
business or other nonconforming use. 

(c) In Business and Industrial Districts. 

In accordance with Subtitle 7 { "Modifications and 
Continuances by Board"} of this title, the Board may authorize 
A Class II nonconforming use in a Business or Industrial 
District to be changed to another nonconforming use that is 
similar in nature and character to the existing nonconforming 

USE. 



318 



i 

i 



1 998- 1 999 Session Ord. 99-547 



(D) Reversion PROHIBITED. 

If a Class n nonconforming use has been changed to a 

CONFORMING USE, IT MAY NOT LATER BE CHANGED BACK TO A 
NONCONFORMING USE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-3d. 

In subsection (b)(2) of this section, "permitted" is 
substituted for the former, ambiguous "listed". It seems 
unlikely, as a broad reading of "listed" might suggest, that 
the Board was being given blanket authority to authorize the 
change of a nonconforming use to, for example, a 
conditional use ordinarily requiring approval by ordinance 
of the Mayor and City Council. 

Defined terms: 

Board §1-118 Nonconforming use §13-101 

Erect §1-140 Structure §1-193 

May c/: §1-211 Use §1-196 

May not c/ §1-277 



§ 13-306. Expansions of use. 

A Class n nonconforming structure and the uses of that structure 

MAY not be expanded IN ANY MANNER, NOR MAY ANY STRUCTURE BE 
ERECTED OR EXPANDED ON ANY NONCONFORMING USE OF LAND, UNLESS: 

( 1 ) THE USE OF THE STRUCTURE AND LAND IS MADE TO CONFORM TO THE 
REGULATIONS OF THE DISTRICT IN WHICH THE STRUCTURE IS 
LOCATED; OR 

(2) THE EXPANSION IS AUTHORIZED BY THE BOARD UNDER SUBTITLE 7 
{"MODmCATIONS AND CONTINUANCES BY BOARD"} OF THIS TITLE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-3e. 



1319 



Ord. 99-547 1 998- 1 999 Session 



The defined term "expanded" is substituted in the 
introductory clause of this section for the former litany of 
near synonyms "extended, expanded, enlarged, or added" 
and, in item (2) of this section, for the inconsistent singleton 
"extension". 





Defined terms: 






Board 


§1-118 


No ... may 


c/ §1-211 


Erect 


§1-140 


Nonconforming use 


§13-101 


Expand 


§1-141 


Structure 


§1-193 


May- 


c/ §1-211 


Use 


§1-196 


May not 


c/ §1-211 







§ 13-307. Discontinuance or abandonment. 

(A) Discontinuance of use. 

( 1 ) Except as specified in paragraph (2) of this subsection, 

whenever the active and continuous operation of any Class 
n nonconforming use, or any part of that use, has been 

discontinued for 18 CONSECUTIVE MONTHS: 

(I) THE DISCONTINUANCE CONSTITUTES AN ABANDONMENT OF 
THE DISCONTINUED NONCONFORMING USE, OR 
DISCONTINUED PART OF THAT USE, REGARDLESS OF ANY 
RESERVATION OF AN INTENT TO RESUME ACTIVE 
OPERATIONS OR OTHERWISE NOT ABANDON THE USE; AND 

(n) THE DISCONTINUED NONCONFORMING USE, OR 
DISCONTINUED PART OF THAT USE: 

(A) MAY NOT BE REESTABLISHED; AND 

(B) ANY SUBSEQUENT USE OF ANY PART OF THE LAND 
OR STRUCTURE PREVIOUSLY USED FOR THE 
DISCONTINUED USE, OR DISCONTINUED PART OF 
THAT USE, MUST CONFORM TO THE REGULATIONS 
OF THE DISTRICT IN WHICH THE LAND OR 
STRUCTURE IS LOCATED. 



320 



1 998- 1 999 Session Ord. 99-547 



(2) In accordance with Subtitle 7 { "Modihcations and 
Continuances by Board"} of this title, the Board may 
extend the time limit for discontinuance for 1 or more 
additional periods. in no case, however, may the total of 
the additional time exceed 1 8 months. 

(B) Abandonment OF USE. 

If, at any TIME, ACTUAL ABANDONMENT IN FACT IS EVIDENCED BY 
REMOVAL OF STRUCTURES, MACHINERY, OR EQUIPMENT, OR BY 
ALTERATIONS THAT INDICATE A CHANGE IN THE USE OF ANY PART OF THE 
LAND OR STRUCTURE: 

( 1 ) THAT ACTION CONSTITUTES AN ABANDONMENT OF THE 
NONCONFORMING USE, OR AFFECTED PART OF THAT USE; AND 

(2) ALL RIGHTS TO CONTINUE OR REESTABLISH THE 
NONCONFORMING USE, OR PART OF THAT USE, IMMEDIATELY 
TERMINATE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-3f. 

Defined terms: 

Board §1-118 No ... may c/ §1-211 

May c/ §1-211 Nonconforming use §13-101 

May not c/ § 1 -2 1 1 Structure § 1 - 1 93 

Must c/ §1-211 Use §1-196 



§ 13-308. RELOCATION WITHIN LOT. 

(A) In GENERAL, 

Except as specified in subsection (b) of this section, a Class U 
nonconforming structure or use in any district may not be 
moved, in whole or in part, to any other location on the lot, 
unless the structure, or the moved part of the structure, and 
the use are made to conform to the regulations of the district 
in which the structure is located. 



1321 



Ord. 99-547 1 998- 1 999 Session 



(B) InB-2 to B-5, M-2, and M-3 Districts. 

In accordance with Subtitle 7 {"Modifications and 
Continuances by Board" } of this title, the Board may authorize 
A Class n nonconforming structure in a B-2, B-3, B-4, B-5, M-2, 
OR M-3 District to be moved another location on the lot. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-3g. 

Defined terms: 

Board § 1 - 11 8 Nonconforming use § 1 3 - 1 1 

Lot §1-154 Structure §1-193 

May c/ §1-211 Use §1-196 

May not c/ §1-211 



Subtitle 4. Nonconforming Uses of Structures (Class III) 
13-401. Scope OF subtitle. 

This subtitle applies to Class EI nonconforming uses, which 

COMPRISE: 

( 1 ) ANY NONCONFORMING USE OF ALL OR PART OF A STRUCTURE THAT 
WAS DESIGNED AND ERECTED PRIMARILY FOR A USE THAT IS NO 
LONGER ALLOWED IN THE DISTRICT IN WHICH IT IS LOCATED; 

(2) ANY NONCONFORMING USE OF THE LOT ON WHICH THAT STRUCTURE 
IS LOCATED; AND 

(3) ANY NONCONFORMING USE OF LAND OR STRUCTURES NOT 
REGULATED AS CLASS I OR CLASS II. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-4a. 

In item (1) of this section, the former tense-confused 
reference to a "structure ... erected primarily for a use 



322 



1 998- 1 999 Session Ord. 99-547 



permitted in the district" is clarified to indicate that the 
structure was but "is no longer" allowed in the district. 

Item (2) of this section is revised to clarify, in accordance 
with administrative practice and understanding, the former, 
ambiguous reference to "land accessory thereto". 

Defined terms: 

Erect §1-140 Structure §1-193 

Lot §1-154 Use §1-196 

Nonconforming use § 1 3 - 1 1 



§13-402. Continuation OF USE. 

Except as specified in this article, Class HI nonconforming uses of 

STRUCTURES MAY BE CONTINUED, SUBJECT TO THE REGULATIONS OF THIS 

subtitle. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-1, as it relates to 
nonconforming structures. 

The introductory clause is added for clarity. 

Defined terms: 

May c/ § 1 -2 1 1 Structure § 1 - 1 93 

Nonconforming use §13-101 Use §1-196 



13-403. Repairs and alterations. 

(A) In GENERAL. 

A STRUCTURE OR PART OF A STRUCTURE DEVOTED TO A CLASS HI 
NONCONFORMING USE MAY BE MAINTAINED, REPAIRED, OR 
STRUCTURALLY ALTERED SUBJECT TO THE CONDITIONS OF THIS SECTION. 



323 



Ord. 99-547 1 998- 1 999 Session 

(B) Conditions of making repairs, etc. 

( 1 ) In A Business District (other than B- 1 ) or Industrial 
District (other than M- 1 ), all alterations that create 
expansions must comply with § 13-406 ("Expansions of use"} 
of this subtitle. 

(2) In a Residence, Ofhce-Residence, B-1 , or M-1 District: 

(i) the nonconforming use may not be expanded; and 

(n) no structural alterations may made in or to any 
part of the structure, except: 

(a) those required by law; 

(b) those made to conform the structure and 
its use to the regulations of the district in 
which the structure is located; or 

(c) the alteration of an exterior wall, if 
authorized by the board under subtitle 7 
{ "modifications and continuances by 
Board" } of this title. 

(c) PERMirrED repairs. 

The repairs permitted by this section include: 

( 1 ) the replacement of storage tanks where the safety of 

operations in the structure requires this REPLACEMENT; 

(2) other replacements or substitutions of MACHINERY OR 
EQUIPMENT THAT DO NOT INVOLVE STRUCTURAL ALTERATIONS 
TO ANY PART OF THE STRUCTURE; AND 

(3) THE REPLACEMENT OF DAMAGED OR DETERIORATED 
STRUCTURAL MEMBERS. 



1324 



1998-1999 Session 



Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8,0-4b. 

The defined term "expan[sion]" is substituted in subsection 
(b)(1) of this section for "extension or enlargement" and, in 
subsection (b)(2) of this section, for the inconsistent 
"extended, expanded, or enlarged". 



Defined terms: 






Board §1-118 


No ... may 


c/ §1-211 


Expand §1-141 


Nonconforming use 


§13-101 


Includes; including §1-152 


Structural alteration 


§1-192 


May c/ §1-211 


Structure 


§1-193 


May not c/ §1-211 


Use 


§1-196 


Must c/ §1-211 







§ 13-404. Restoration of damaged structures. 

If any part of a structure devoted to a Class in nonconforming use 
IS destroyed or damaged by fire, other casualty, or act of God, no 

REPAIRS OR RECONSTRUCTION MAY BE MADE UNLESS: 

( 1 ) A BUILDING PERMIT IS OBTAINED AND WORK STARTED WITHIN 1 YEAR 
FROM THE DATE OF THE DESTRUCTION OR DAMAGE AND THE WORK IS 
DILIGENTLY PURSUED TO COMPLETION; OR 

(2) THE REPAIRS OR RECONSTRUCTION ARE: 

(I) REQUIRED BY LAW; OR 

(n) MADE TO CONFORM THE STRUCTURE AND USE TO THE 

REGULATIONS OF THE DISTRICT IN WHICH THE STRUCTURE IS 
LOCATED. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-4c. 

Item (2)(i) is new, added to conform to the similar reference 
in §14-302(b)(2)(ii)(A) and administrative practice. 



1325 



Ord. 99-547 1 998- 1 999 Session 



Defined terms: 

No... may c/ § 1 -2 1 1 Structure § 1 - 1 93 

Nonconforming use § 1 3 - 1 1 Use § 1 - 1 96 



§ 13-405. Changes in use. 

(A) In GENERAL 

Except as specified in subsection (b) or (c) of this section, a 
Class III nonconforming use in any district may not be changed 

TO ANY OTHER NONCONFORMING USE. 

(B) In Residence and Office-Residence Districts 

In accordance with Subtitue 7 {"Modihcations and 
Continuances by Board"} of this title, the Board may authorize 
A Class in nonconforming use in a Residence or Office- 
Residence District to be changed to a use permitted in a B-1 
District. 

(c) In B- 1 AND M- 1 Districts 

A Class in nonconforming use in a B-1 or M-1 District may only 

BE changed to a USE THAT IS PERMITTED IN THE DISTRICT IN WHICH THE 
NONCONFORMING USE IS LOCATED. 

(D) B-2 TO B-5, M-2, AND M-3 Districts. 

In accordance with Subtitle 7 {"Modfications and 
Continuances by Board"} of this title, the Board may authorize 
A Class III nonconforming use in a B-2, B-3, B-4, B-5, M-2, or M-3 
District to be changed to another nonconforming use that is 

SIMILAR IN nature AND CHARACTER TO THE EXISTING NONCONFORMING 
USE. 

(E) Reversion PROHiBTTED. 

If a Class III nonconforming use has been changed to a 
conforming use, it may not later be changed back to a 
nonconforming use. 



1326 



1998-1999 Session 



Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-4d. 

In subsection (b) of this section, "permitted" is substituted 
for the former, ambiguous "listed". It seems unlikely, as a 
broad reading of "listed" might suggest, that the Board was 
being given blanket authority to authorize the change of a 
nonconforming use to, for example, a conditional use 
ordinarily requiring approval by ordinance of the Mayor and 
City Council. 

Defined terms: 



Board 
May 
May not 



§1-118 
c/ §1-211 
c/ §1-211 



Nonconforming use 
Use 



§13-101 
§1-196 



§ 13-406. Expansions of use. 

Except as authorized by the Board under Subtitle 7 { "Modifications 
AND Continuances by Board"} of this title, a Class III 

NONCONFORMING USE MAY NOT BE EXPANDED IN ANY MANNER, NOR MAY 
ANY STRUCTURE BE ERECTED OR EXPANDED ON ANY NONCONFORMING USE OF 
LAND, UNLESS THE USE OF THE LAND AND STRUCTURE IS MADE TO CONFORM 
TO THE REGULATIONS OF THE DISTRICT IN WHICH THE STRUCTURE IS LOCATED. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-4e. 

The defined term "expanded" is substituted for the former 
litany of near synonyms "extended, expanded, enlarged, or 
added". 

Defined terms: 



Board 

Erect 
Expand 
May not 



§1-118 

§1-140 

§1-141 

c/ §1-211 



No ... may 
Nonconforming use 
Structure 
Use 



c/ §1-211 

§13-101 

§1-193 

§1-196 



1327 



Ord. 99-547 1 998- 1 999 Session 

§ 13-407. Discontinuance or abandonment. 

(A) Discontinuance of use. 

( 1 ) Except as specified in this section, whenever the active and 
continuous operation of any Class III nonconforming use, 

OR ANY part of THAT USE, HAS BEEN DISCONTINUED FOR 1 2 

consecutive months: 

(i) the discontinuance constitutes an abandonment of 
the discontinued nonconforming use, or 
discontinued part of that use, regardless of any 
reservation of an intent to resume active 
operations or otherwise not abandon the use; and 

(n) the discontinued nonconforming use, or 
discontinued part of that use: 

(a) may not be reestablished; and 

(b) any subsequent use of any part of the land 
or structure previously used for the 
discontinued use, or discontinued part of 
that use, must conform to the regulations 
of the district in which the land or 
structure is located. 

(2) In accordance with Subtitle 7 { "Modifications and 
Continuances by Board"} of this title, the Board may 
extend the time limit for discontinuance for 1 or more 
additional periods. in no case, however, may the total of 
the additional time exceed 1 2 months. 

(B) Abandonment OF USE. 

Except as specified in this section, if, at any time, actual 
abandonment in fact is evidenced by removal of structures, 
machinery, or equipment, or by alterations that indicate a 
change in the use of any part of the land or structure: 

( 1 ) that action constitutes an abandonment of the 

nonconforming use, or affected part of that use; and 

1328 



1 998- 1 999 Session Ord. 99-547 



(2) ALL RIGHTS TO CONTINUE OR REESTABLISH THE 

NONCONFORMING USE, OR PART OF THAT USE, IMMEDIATELY 
TERMINATE. 

(c) Exceptions FOR R-6 TOR- 10 Districts. 

This section does not apply to any Class in nonconforming uses 
IN AN R-6, R-7, R-8, R-9 OR R-10 District. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-4f. 

In subsection (c) of this section, the former reference to the 
Board's authority for these specific districts to "authorize a 
change to a new use at any time" is deleted as inconsistent 
with (or, at best, redundant of) the general provisions of 
§13-405(b), authorizing the Board to approve certain 
changes in all R Districts. 

The former exception to permit the reestablishment of 
certain offices of nonresident physicians or dentists in R-5 
and R-6 Districts, enacted in 1979, is deleted as obsolete. In 
an R-6 District, this narrow exception has been superseded 
by the 1981 amendment to what is now subsection (c), 
adding R-6 Districts to its scope. In any event, the 
individuals for whom this narrow exception was adopted 
have had over 20 years to take advantage of its provisions 
and, presumably, all those who needed to do so have done 
so. 

(The 1 2-month limit in subsection (a)(2) of this section, 
though missing from the privately published Early Edition, 
comports with the official Code version of former §8.0-4f ) 





Defined terms: 






Board 


§1-118 


No ... may 


c/ §1-211 


May 


c/ §1-211 


Nonconforming use 


§13-101 


May not 


c/ §1-211 


Structure 


§1-193 


Must 


c/ §1-211 


Use 


§1-196 



1329 



Ord. 99-547 1 998- 1 999 Session 

§ 13-408. Relocation within lot or structure. 

(A) In GENERAL 

Except as specified in subsection (b) of this section, a Class III 
nonconforming use in any district may not be moved, in whole 
OR in part, to any other location on the lot or any other part 

OF THE STRUCTURE. 

(B) InB-2 to B-5, M-2, and M-3 Districts. 

In accordance with Subtitle 7 {"Modlfications and 
Continuances by Board"} of this title, the Board may authorize 
A Class m nonconforming use in a B-2, B-3, B-4, B-5, M-2, or M-3 
District to be moved to another location on the lot or another 
part of the structure. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-4g. 



I 





Deflned terms: 






Board 


§1-118 


Nonconforming use 


§13-101 


Lot 


§1-154 


Structure 


§1-193 


May 


c/ §1-211 


Use 


§1-196 


May not 


c/ §1-211 







Subtitle 5. Noncomplying Structures 
Part I. Noncompuance Generally 
§ 13-501. Scope OF SUBTITLE. 

(A) Subtitle umited to noncompuance with bulk regulations. 

This subtitle regulates only lawfully existing structures that 
do not comply with the bulk regulations of the districts in 

WHICH they ARE LOCATED. 



330 



I 



1998-1 999 Session Ord. 99-547 



(B) NONCOMPLYING STRUCTURES DEVOTED TO NONCONFORMING USE. 

( 1 ) If A STRUCTURE IS BOTH NONCOMPLYING AND IS DEVOTED IN WHOLE 
OR IN PART TO A NONCONFORMING USE, THE STRUCTURE IS SUBJECT 
TO BOTH: 

(i) the provisions of this title that govern 
nonconforming uses; and 

(n) the provisions of this subtitle. 

(2) In the event of any conflict or inconsistency between the 
provisions that govern nonconforming uses and the 

provisions of this subtitle, the PROVISIONS THAT GOVERN 
NONCONFORMING USES CONTROL. 

Revisor's Note 

This section is new language derived without substantive 
change from the introductory paragraphs of Article 30, §8.0- 
5. 

Defined terms: 

Noncomplying structure § 1 3 - 1 1 Structure § 1 - 1 93 

Nonconforming use § 1 3 - 1 1 Use § 1 - 1 96 



§13-502. Continuation of structure. 

Except as specified in this article, noncomplying structures may be 
continued, subject to the requirements of this subtitle. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0- 1 , as it relates to 
noncomplying structures. 

The introductory clause is added for clarity. 



1331 



Ord. 99-547 



998-1999 Session 



Defined terms: 



May c/ §1-211 

Noncomp lying structure § 1 3 - 1 1 



Structure 



§1-193 



§ 13-503. Repairs and alterations. 

A noncomplying structure may be maintained, repaired, or 

STRUCTURALLY ALTERED, AS LONG AS ALL ALTERATIONS THAT CREATE 
EXPANSIONS COMPLY WITH § 13-506 {"EXPANSION OF STRUCTURE") OF THIS 
SUBTITLE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-5a. 

The defined term "expan[sions]" is substituted for 
"extensions or enlargements". 

Defined terms: 



Expand §1-141 

May c/ §1-211 

Noncomplying structure § 1 3 - 1 1 



Structural alteration 
Structure 



§1-192 
§1-193 



§ 13-504. RESTORATION OF DAMAGED STRUCTURES. 

If any PART OF A NONCOMPLYING STRUCTURE IS DESTROYED OR DAMAGED 
BY FIRE, OTHER CASUALTY, OR ACT OF GOD, THE STRUCTURE OR DAMAGED 
PART MAY NOT BE REPAIRED OR RECONSTRUCTED UNLESS A BUILDING PERMIT 
IS OBTAINED AND WORK STARTED WITHIN 1 YEAR FROM THE DATE OF THE 
DESTRUCTION OR DAMAGE AND THE WORK IS DILIGENTLY PURSUED TO 
COMPLETION. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-5b. 

The phrase "repaired or reconstructed" is substituted for 
"restored" to conform to the usage in counterpart §§13-304 
and 13-404. 



1332 



1 998-1 999 Session Ord. 99-547 



Defined terms: 

May not c/ § 1 -2 1 1 Structure § 1 - 1 93 

Noncomplying structure § 1 3 - 1 1 



§ 13-505. {Reserved} 

§ 13-506. Expansions OF STRUCTURE. 

A NONCOMPLYING STRUCTURE MAY NOT BE EXPANDED IF THE EXPANSION 
WOULD EITHER: 

( 1 ) CREATE A NEW NONCOMPLIANCE; OR 

(2) INCREASE THE DEGREE OF NONCOMPLIANCE OF ANY PART OF THE 
STRUCTURE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-5c. 

The defined term "expanded" is substituted for the former 
"extended or enlarged". 

Defined terms: 

Expand § 1 - 1 4 1 Noncomplying structure § 1 3 - 1 1 

May not c/ § 1 -2 1 1 Structure § 1 - 1 93 

§ 13-507. {Reserved} 

§ 13-508. relocation within lot. 

a noncomplying structure may not be moved, in whole or in part, to 
any other location on the lot, unless the structure or the moved 
part of the structure, is made to comply with the bulk regulations 
of the district in which the structure is located. 



1333 



Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 





Defined terms: 




§1-154 


not 


c/ §1-211 



This section is new language derived without substantive 
change from Article 30, §8.0-5d. 



Noncomplying structure § 1 3 - 1 1 

Structure §1-193 



§ 13-509. {Reserved} 
§ 13-510. {Reserved} 

Part 11 Noncompliance by Multiple-Family Structures 
§13-511. Scope OF PART. 

(A) In general. 

Except as specified in subsection (b) of this section, this Part n 

APPLES TO any structure THAT: 

(1) AT ANY TIME, WITH OR WITHOUT Board AUTHORIZATION, HAS 
BEEN CONVERTED FOR 4 OR MORE DWELLING UNITS OR, IF 
ORIGINALLY BUBLT FOR 4 OR MORE DWELLING UNITS, HAS BEEN 
CONVERTED TO INCREASE THE NUMBER OF DWELLING UNITS; 
AND 

(2) NOW FAILS TO COMPLY WITH THE MINIMUM LOT AREA 
REQUIREMENTS OF THE DISTRICT IN WHICH IT IS LOCATED. 

(B) Structure previously erected la wfully. 

This Part II does not apply to any noncomplying structure 

THAT: 

( 1 ) IN COMPLIANCE WITH OR BEFORE THE ENACTMENT OF THIS 

ARTICLE, AS EVIDENCED BY PERMITS OR RECORDS OF THE CiTY, 
WAS ORIGINALLY DESIGNED AND BUELT AS A MULTIPLE-FAMLY 
DWELLING STRUCTURE FOR 4 OR MORE DWELLING UNITS; AND 



1334 



1998-1999 Session 



Ord. 99-547 



(2) HAS NOT BEEN ALTERED, ADDED TO, OR SUBDIVIDED IN ANY 

MANNER THAT INCREASES THE NUMBER OF DWELLING UNITS TO 
MORE THAN THE MAXIMUM NOW ALLOWED UNDER THIS 
ARTICLE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-5el(l"cl.), 562(2"^ cl.), and 
5e3. 

In subsection (a)(1) of this section, the phrase "with or 
without Board authorization" is applied to both the 
discontinuance and the termination provisions rather than, as 
in §8.0-5e2, to only the latter. 

In subsection (b)(2) of this section, the former, limited 
reference to the sections governing maximum units in R-8, 
R-9, and R- 10 Districts is deleted. Multiple-family 
dwellings are conditional or even permitted uses in other 
districts as well, to which these rules apply. 



Board 
Dwelling 
Dwelling unit 
Family 



DeGned terms: 






§1-118 


Lot 


§1-154 


§1-136 


Lot area 


§1-155 


§1-137 


Noncomplying structure 


§13-101 


§1-142 


Structure 


§1-193 



§ 13-512. Discontinuance or abandonment. 

(A) Discontinuance. 

Whenever the active and continuous use of a dwelling unit in a 
noncomplying multiple-family structure subject to this part 11 
has been discontinued for 12 consecutive months: 

( 1 ) the discontinuance constitutes an abandonment of that 
dwelling unit, regardless of any reservation of an 
intent to resume active use of or to reoccupy the unit 
or otherwise not to abandon it; and 



1335 



Ord. 99-547 1 998- 1 999 Session 



(2) THE NUMBER OF DWELLING UNITS ALLOWED TO CONTINUE IN 
THE STRUCTURE IS REDUCED BY 1 . 

(B) Abandonment. 

If, at ANY TIME, ACTUAL ABANDONMENT IN FACT IS EVIDENCED BY 
REMOVAL OF PLUMBING OR KITCHEN FACILITIES, BY ALTERATIONS THAT 
INDICATE AN ABANEXDNMENT OF ANY NONCOMPLYING DWELLING UNIT, 
INCLUDING CONSOLIDATION WITH ANOTHER DWELLING UNIT, OR BY THE 
ISSUANCE OF A USE PERMIT FOR FEWER DWELLING UNITS: 

( 1 ) THAT ACTION CONSTITUTES AN ABANDONMENT OF THE 
DWELLING UNIT; 

(2) ALL RIGHTS TO CONTINUE OR REESTABLISH THE PREVIOUS 
NUMBER OF DWELLING UNITS IMMEDIATELY TERMINATE; AND 

(3) THE NUMBER OF DWELLING UNITS ALLOWED TO CONTINUE IN 
THE STRUCTURE IS REDUCED BY 1 . 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-5el. 

In subsection (b) of this section, "use permit" is substituted 
for "certificate of occupancy". See Reviser's Note to §2- 
401 of this article. 

Deflned terms: 

Dwelling §1-136 Noncomplying structure §13-101 

Dwelling unit §1-137 Structure §1-193 

Family §1-142 Use §1-196 

Includes; including §1-152 



§ 13-513. Mandatory termination in R-8 to R-10 Districts. 

(a) In general 

Except as specified in subsection (b) of this section, if a 
noncomplying multiple-family structure subject to this part ii 
is located in AN R-8, R-9 OR R-10 District, the number of 



1336 



1 998- 1 999 Session Ord. 99-547 



DWELLING UNITS IN THAT STRUCTURE MUST BE REDUCED TO COMPLY 
WITH THE REQUIREMENTS OF THE DISTRICT IN WHICH IT IS LOCATED NO 
LATER THAN 8 YEARS AFTER THE DATE ON WHICH THAT STRUCTURE 
BECAME NONCOMPLYING, WHETHER BY THE ENACTMENT OF OR 
AMENDMENT TO THIS ARTICLE OR BY RECLASSIFICATION OF A DISTRICT OR 
PROPERTY. 

(B) Conditional continuance. 

In accordance with Subtitle 7 {"Modifications and 
Continuances by Board" } of this title, the Board may authorize 
the continuance of 1 or more noncomplying dwelling units in 
the noncomplying multiple-family structure. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-5e2. 

Defined terms: 

Board §1-118 May c/ §1-211 

Dwelling §1-136 Must c/ §1-211 

Dwelling unit § 1 - 1 37 Noncomplying structure §13-101 

Family §1-142 Structure §1-193 



Subtitle 6. Nonconforming Status of Certain Uses 

Part I. Continuation and Regulation of Certain Uses 

§ 13-601. Parking structures in Residence and Office-Residence 
districts. 

(A) In GENERAL. 

Notwithstanding any other provision of this title, in a 
Residence or Ofhce-Residence District, if all or substantially 

ALL of a structure IS DESIGNED FOR THE STORAGE OR PARKING OF 
privately owned AUTOMOBILES: 

( 1 ) THE STRUCTURE MAY BE CONTINUED FOR THAT USE; 



1337 



Ord. 99-547 1 998- 1 999 Session 

(2) the use does not have the status of a nonconforming 

USE; AND 

(3) THE USE MAY NOT BE CHANGED TO ANY NONCONFORMING USE. 

(B) Structures devoted to nonconforming use. 

(1) In GENERAL 

If all or ANY PART OF THE STRUCTURE IS DEVOTED TO A USE OTHER 
THAN THE STORAGE OR PARKING OF PRIVATELY OWNED 
AUTOMOBILES, AND THAT OTHER USE IS NONCONFORMING, THE 
NONCONFORMING USE MAY BE CONTINUED, SUBJECT TO THE 
PROVISIONS OF THIS SECTION. 

(2) No ALTERATIONS. 

Except as required by law, no part of the structure may be 
altered in internal arrangement and no structural 

alterations may be made in or to the structure for ANY USE 
OTHER THAN THE STORAGE OR PARKING OF PRIVATELY OWNED 
AUTOMOBILES. 

(3) No CHANGE IN USE. 

The NONCONFORMING USE MAY NOT BE CHANGED TO ANY OTHER 
USE THAN THE STORAGE OR PARKING OF PRIVATELY OWNED 
AUTOMOBILES. 

(4) No EXPANSIONS. 

The NONCONFORMING USE MAY NOT BE EXPANDED IN ANY MANNER. 

(5) Discontinuance. 

Whenever the active and continuous operation of the 
nonconforming use, or any part of that use, has been 
discontinued for 6 consecutive months: 

(i) the discontinuance constitutes an abandonment of 
the discontinued nonconforming use, or 
discontinued part of that use, regardless of any 

1338 



i 



1 998- 1 999 Session Ord. 99-547 



RESERVATION OF AN INTENT TO RESUME ACTIVE 
OPERATIONS OR OTHERWISE NOT TO ABANDON THE USE; 
AND 

(n) THE DISCONTINUED NONCONFORMING USE, OR 
DISCONTINUED PART OF THAT USE: 

(A) MAY NOT BE REESTABLISHED; AND 

(B) NO OTHER USE MAY BE ESTABLISHED IN THE 
STRUCTURE OTHER THAN THE STORAGE OR 

parking of privately owned automobiles. 

(6) Abandonment. 

If, at any time, actual abandonment in fact is evidenced BY 

REMOVAL OF STRUCTURES, MACHINERY, OR EQUIPMENT, OR BY 
ALTERATIONS THAT INDICATE A CHANGE IN THE USE OF ANY PART OF 
THE STRUCTURE: 

(I) THAT ACTION CONSTITUTES AN ABANDONMENT OF THE 
NONCONFORMING USE, OR AFFECTED PART OF THAT USE; 
AND 

(n) ALL RIGHTS TO CONTINUE OR REESTABLISH THE 
NONCONFORMING USE, OR PART OF THAT USE, 
IMMEDIATELY TERMINATE. 

(7) No RELOCATION. 

No PART OF THE STRUCTURE OR THE NONCONFORMING USE MAY BE 
MOVED TO ANY OTHER LOCATION ON THE LOT. 

(8) Mandatory TERMINATION. 

The NONCONFORMING USE MUST BE DISCONTINUED AND CEASE NO 
LATER THAN 3 YEARS AFTER THE DATE ON WHICH THAT USE BECAME 
NONCONFORMING, WHETHER THE USE BECAME NONCONFORMING BY 
THE ENACTMENT OF OR AMENDMENT TO THIS ARTICLE OR BY 
RECLASSIFICATION OF A DISTRICT OR PROPERTY, AND THE 
STRUCTURE MAY THEN BE USED ONLY FOR THE STORAGE OR PARKING 
OF PRIVATELY OWNED AUTOMOBILES. 



1339 



Ord. 99-547 



1998-1999 Session 



(c) Accessory USE ALLOWED. 

This section does not prevent the accessory use of the 
structure to a building on the same lot, as permitted under this 

ARTICLE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-6a. 

Throughout this section, former references to "passenger" 
automobiles are deleted as unnecessary given the definition 
of "automobile to the same effect. 

In subsection (b)(4) of this section, the former litany of near 
synonyms, "extended, ... enlarged, or added" is deleted in 
light of the definition of "expand[ed]" to the same effect. 



i 





Defined terms: 






Accessory use 


§1-102 


Must 


c/ §1-211 


Automobile 


§1-114 


No ... may 


c/ §1-211 


Building 


§1-121 


Nonconforming use 


§13-101 


Expand 


§1-141 


Structural alteration 


§1-192 


Lot 


§1-154 


Structure 


§1-193 


May 


c/ §1-211 


Use 


§1-196 


May not 


c/ §1-211 







§ 13-602. Expansions of certain attached dwellings. 

Nothing in this title prohibits an expansion or reconstruction of an 
existing attached dwelling if: 

( 1 ) the attached dwelling is nonconforming only because it 
exceeds the maximum number permitted in a row or group; 

AND 

(2) ALL APPLICABLE BULK REGULATIONS OF THE DISTRICT IN WHICH THE 

DWELLING IS LOCATED ARE MET. 



1340 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-6c. 

The defined term "expan[sion]" is substituted for the former 
"extension, enlargement, [or] addition". 

Defined terms: 

Dwelling §1-136 Expand §1-141 

§ 13-603. {Reserved} 

§ 13-604. Dwellings in Industrlvl Districts. 

Notwithstanding § 13-304 {"Restoration of damaged structures"} 
AND § 13-307 {"Discontinuance or abandonment"} of this title, if all 
OR substantially all of a structure in an Industrial District is 
designed for dwelling use and ef the structure contains a 
nonconforming dwelling use, the structure may be continued for 

that nonconforming DWELLING USE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-6d. 

Defined terms: 

Dwelling §1-136 Structure §1-193 

May c/ §1-211 Use §1-196 

Nonconforming use § 1 3 - 1 1 



§ 13-605. {Reserved} 

§ 13-606. Restaurant or tavern with live entertainment in B-2 
District. 

Notwithstanding the provisions of this title, any lawfully 
established restaurant or tavern that is in a b-2 district and, on 



1341 



Ord. 99-547 1 998- 1 999 Session 



April 20, 1 97 1 , was operating with live entertainment or dancing as 
an accessory use: 

(1) may be continued; and 

(2) does not have the status of a nonconforming use. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-6e. 

Defined terms: 

A ccesso ry use § 1 - 1 02 Nonconforming use § 1 3 - 1 1 

May c/ §1-211 Use §1-196 

§ 13-607. CONVERSION OF CERTAIN TAVERNS TO PACKAGE GOODS STORES. 

(A) In GENERAL. 

The Zoning Administrator must issue a new use permit as a 
nonconforming package goods liquor store for any 

nonconforming tavern THAT: 

( 1 ) AS OF December 31,1 995, was operating principally as a 

PACKAGE GOODS STORE UNDER A CLASS B-D-7 BEER, WINE AND 
LIQUOR LICENSE; 

(2) WITHIN THE TIME SPECIFIED BY STATE LAW, RENEWS ITS CLASS 
B-D-7 LICENSE AS A CLASS A-2 BEER, WINE AND UQUOR OFF- 
SALE PACKAGE GOODS LICENSE; AND 

(3) WITHIN 60 DAYS OF JULY 11,1 996, SUBMITS A COMPLETED 

application for the new use permit to the zoning 
Administrator. 

(B) Expansions PROHIBITED. 

Notwithstanding any other provision of this article, the 

nonconforming USE conducted UNDER THE NEW USE PERMIT MAY 
NOT BE EXPANDED IN ANY MANNER, NOR MAY THE BOARD, BY VARIANCE 



1342 



1 998- 1 999 Session Ord. 99-547 



OR OTHERWISE, AUTHORIZE ANY EXPANSION BEYOND THAT WHICH 
LAWFULLY EXISTED ON DECEMBER 3 1 , 1995. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-6n. 

In this section, "use permit" is substituted for "occupancy 
certificate". See Revisor's Note to §2-401 of this article. 

In subsection (b) of this section, the former litany of near 
synonyms, "extended, ... enlarged, or added" is deleted in 
light of the definition of "expand[ed]" to the same effect. 

Also in subsection (b), the former reference to a "special 
exception" is deleted. See General Revisor's Note to Title 
14 of this article. 

Defined terms: 

Board §1-118 No ... may c/ §1-211 

Expand § I - 1 4 1 Nonconforming use § 1 3 - 1 1 

Ma>' not c/ § 1 -2 1 1 Principal use § 1 - 1 77 

Must c/ §1-211 Use §1-196 



§ 13-608. {Reserved} 

§ 13-609. Adult-entertainment businesses. 

Any adult-entertainment business existing on September 10, 1993, is 

CONSIDERED A NONCONFORMING USE, SUBJECT TO ALL CLASS III 
REGULATIONS. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-61. 

Defined terms: 

Adult-entertainment business §1-106 Use §1-196 

Nonconforming use §13-101 



1343 



Ord. 99-547 1 998- 1 999 SESSION ! 

§ 13-610. Amusement devices. j 

(A) In GENERAL , 

Notwithstanding any provision of this title, nonconforming 
amusement devices are not allowed except as specified in this 
section. 

(B) In certain establishments 

No MORE than 5 licensed amusement devices are allowed when 

USED in combination WITH ONE OF THE FOLLOWING: 

(1) Billiard OR pool ROOM. 

(2) Boat yard/M;\rina. 
^ £2) Bowling alley. 
W (3) Bus, train, or boat terminal. 
(^ (4) Hotel or motel. 
(6) (5) Indoor tennis or racquet club. 

(6) Marina. 

(7) Miniature GOLF. 

(8) Racetrack. 

(9) Restaurant with alcoholic beverage license. 

(10) Skating rink. 

(11) Social, fraternal, or veteran club. 

(12) Swimming POOL. 

(13) Tavern. 



1344 



1 998- 1 999 Session Ord. 99-547 



(C) With OTHER ENTERTAINMENT, ETC., USES. 

No MORE THAN 5 AMUSEMENT DEVICES ARE ALLOWED WHEN USED IN 
COMBINATION WITH OTHER USES THAT THE BOARD FINDS, AFTER A 
PUBLIC HEARING, TO BE ENTERTAINMENT, LEISURE, OR RECREATION 
ORIENTED. 

(D) With NON-ENTERTAINMENT, ETC, USES. 

No AMUSEMENT DEVICES ARE ALLOWED WHEN USED IN COMBINATION 
WITH USES THAT ARE NOT ENTERTAINMENT, LEISURE, OR RECREATION 
ORIENTED, UNLESS: 

( 1 ) AN AMUSEMENT DEVICE LOCATION PERMIT IS OBTAINED UNDER 

Article 1 5 of the City Code; and 

(2) BASED on the NET FLOOR AREA OF THE LOCATION' S INTERIOR 
SPACE DEVOTED TO THE PRINCIPAL USE: 

(I) NO MORE THAN 1 DEVICE IS USED FOR A LOCATION 

WITH A NET FLOOR AREA OF 600 SQUARE FEET OR LESS; 
AND 

(n) NO MORE THAN 2 DEVICES ARE USED FOR A LOCATION 
WITH A NET FLOOR AREA THAT EXCEEDS 600 SQUARE 
FEET. 

Revisor^s Note 

This section is new language derived without substantive 
change from Article 30, §8.0-6h. 

In subsection (b)(6) of this section, the former reference to a 
"boat yard" (an undefined term that is not otherwise used in 
this article), is deleted as obsolete and, in light of the 
reference to a "marina", as broadly defined in §1-157, 
unnecessary. 

For the provisions governing amusement device location 
permits, see Article 15, §92A-1 et seq. of the City Code. 



345 



Ord. 99-547 1 998- 1 999 Session 



Deflned terms: 

Amusement device § 1 - 1 1 Marina § 1 - 1 57 

Board §1-118 Principal use §1-177 

City Code §1-125 Use §1-196 

Floor area §1-144 



§ 13-611. {Reserved} 
§ 13-612. {Reserved} 
§ 13-613. (Reserved} 
§ 13-614. (Reserved} 

Part 11. Mandatory Termination of Certain Uses 

§ 13-615. Check CAsmNG, etc., in Residence and Office-Residence 
Districts. 

Check cashing, money changing, and similar types of agencies 
operated primare.y for the cashing of checks or changing of money 

LOCATED IN A RESIDENCE OR OFFICE-RESIDENCE DISTRICT MUST BE 
DISCONTINUED AND CEASE NO LATER THAN 3 YEARS AFTER THE DATE ON 
WHICH THAT USE BECAME NONCONFORMING, WHETHER THE USE BECAME 
NONCONFORMING BY THE ENACTMENT OF OR AMENDMENT TO THIS ARTICLE 
OR BY RECLASSDFICATION OF A DISTRICT OR PROPERTY. 

Revisor's Note 

This section is new language derived without substantive 

change from Article 30, §8.0-6b. ■ 

Defined terms: 

Must c/ §1-211 Use §1-196 

Nonconforming use §13-101 



1346 



1 998- 1 999 Session Ord. 99-547 



§ 13-616. Massage salons in Residence, Office-Residence, and B-1 to 
B-3 Districts. 

Massage salons in a Residence, Ofhce-Residence, B-1 , B-2, or B-3 
District must be discontinued and cease no later than 1 8 months 
after the date on which that use became nonconforming, whether 

THE USE BECAME NONCONFORMING BY THE ENACTMENT OF OR AMENDMENT 
TO THIS ARTICLE OR BY RECLASSIFICATION OF A DISTRICT OR PROPERTY. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-6f. 

Defined terms: 

Must c/ §1-211 Use §1-196 

Nonconforming use § 1 3 - 1 1 



§ 13-617. {Reserved} 

§ 13-618. After-hours establishments in Residence, Office- 
Residence, B-1, and B-2 Districts. 

After-hours establishments, other than private clubs, located in a 
Residence, Ofhce-Residence, B-1, or B-2 District must be 

discontinued and cease no later than 1 8 MONTHS AFTER THE DATE ON 
WHICH THAT USE BECAME NONCONFORMING, WHETHER THE USE BECAME 
NONCONFORMING BY THE ENACTMENT OF OR AMENDMENT TO THIS ARTICLE 

or by reclassmcation of a district or property. 

Revisor's Note 

This section is new language derived without substantive 
change from Anicle 30, §8.0-6j. 

Defined terms: 

After-hours establishment §1-107 Nonconforming use §13-101 

Club or lodge: private §1-127 Use §1-196 

Must c/ §1-211 



1347 



Ord. 99-547 1 998- 1 999 SESSION 



§ 13-619. Tire storage near Residence District. 

Where the open storage of tires or tire products in an M-2 District 
exists as a principal or accessory use and is within 200 feet of a 
Residence District, that use must be discontinued and cease within 
1 2 months after the date on which that use became nonconforming, 
whether the use became nonconforming by the enactment of or 

amendment to this article or by RECLASSmCATION OF A DISTRICT OR 

property, unless approved as a conditional use under § 7-307 
{ "Conditional uses — Board approval required" } of this article. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-6k. 

Defined terms: 

Accessory use §1-102 Principal use §1-177 

Must c/ §1-211 Use §1-196 

Nonconforming use §13-101 



§ 13-620. {Reserved} 

§ 13-621. {Reserved} 

§ 13-622. {Reserved} 

§ 13-623. Amusement arcades near church or school in B-3 or B-5 
District. 

Amusement arcades in a B-3 or B-5 District that are located within 
500 feet of the boundary line of a church or school must be 
discontinued and cease no later than July 1 , 1985. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-6i. 

Defined terms: 

Amusement arcade §1-109 Must c/ §1-211 

1348 



4 



I 



1 998- 1 999 Session Ord. 99-547 



General Revisor's Note to Subtitle 

In revising this subtitle, Article 30, §8.0-6g has been 
deleted. That provision states that Class III nonconforming 
uses authorized by the Board in R-6 through R-10 Districts 
"shall be reviewed by the Board ... every 36 months". Given 
the absence, however, of any authority to rescind an 
authorization once given, the review requirement is 
essentially meaningless (and, in practice, has never been 
implemented). 

Subtitle 7. Modifications and Continuances by Board 
Part I. General Provisions 
§ 13-701. "Modify" defined. 

In THIS SUBTITLE, "MODIFY" MEANS TO EXPAND, CHANGE, ALTER, OR MOVE. 

Revisor's Note 

This section is new language added for brevity and 
consistency. Throughout former Article 30, §8.0-7, different 
combination of these terms are used, without any apparent 
substantive distinction being intended. 

Defined terms: 

Expand §1-141 

§ 13-702. Board authority. 

Subject to the provisions of this subtitle, the Board may authorize: 

( 1 ) modifications of NONCONFORMING USES AND STRUCTURES ; AND 

(2) THE CONTINUANCE OF NONCONFORMING USES AND OF 
NONCOMPLYING DWELLING UNITS IN NONCOMPLYING STRUCTURES. 



1349 



Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 



This section is new language derived without substantive 
change from parts of the introductory paragraph of Article 
30, §8.0-7 and §8.0-7b. 





Deflned terms: 






Board 


§1-118 


Noncomplying structure 


§13-101 


Dwelling 


§1-136 


Nonconforming use 


§13-101 


Dwelling unit 


§1-137 


Structure 


§1-193 


May 


c/ §1-211 


Use 


§1-196 


Modify 


§13-701 







13-703. Limitations. 

(A) Specific INSTANCES. 

The Board's authority extends under § 13-702 {"Board 
authority" } of this subtitle only to the specbfic instances set 
forth in this subtitle. 

(B) Basic STANDARDS. 

The Board may authorize modifications and continuances only 

WHERE, AFTER PUBLIC NOTICE, POSTING, AND HEARING, THE BOARD: 

( 1 ) MAKES FINDINGS OF FACT IN ACCORDANCE WITH THE GUIDES, 
STANDARDS, AND LIMITATIONS PRESCRIBED IN THIS SUBTITLE; 
AND 

(2) FINDS THAT THE AUTHORIZATION: 

(I) IS NOT CONTRARY TO THE PUBUC INTEREST; AND 

(n) IS IN HARMONY WITH THE PURPOSES AND INTENT OF 
THIS ARTICLE. 

Revisor's Note 

This section is new language derived without substantive 
change from parts of the introductory paragraph of Article 
30, §8.0-7 and §8.0-7b. 

1350 



1 998- 1 999 Session Ord. 99-547 





Defined terms: 


Board 


§1-118 


May 


c/ §1-211 



In subsection (b) of this section, reference to a required 
"hearing" is added for clarity. 



Must c/ §1-211 



§ 13-704. Applications. 

An application for any modefication or continuance under this 
subtitle must be filed with the zoning administrator in the form 
that the zoning administrator requires. the application must be 
accompanied by the plans and information that the board requires 
by general rule. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-7a. 





Defined terms: 


Board 
Modify 




§1-118 
§13-701 


§ 13-705. 


{Reserved} 




§ 13-706. 


{Reserved} 





Must c/ §1-211 



PartIL Modifications 

§ 13-707. In general. 

The Board may authorize modihcations of nonconforming uses and 
structures as specified in this part il 

Revisor's Note 

This section is new language derived without substantive 
change from parts of the introductory clause of Article 30, 
§8.0-7b. 



1351 



Ord. 99-547 


1998-1999 Session 






Defined terms: 






Board 

Max 

Modify 


§1-118 

c/ §1-211 

§13-701 


Nonconforming use 

Structure 

Use 


§13-101 
§1-193 
§1-196 



§ 13-708. General considerations. 

In addition to the guides, standards, and limitations prescribed for 
the specefic instances to which this part 11 applies, the board must 
consider in each instance: 

( 1 ) the general character of uses and structures within at 
least 300 feet in all directions from the lot lines of the 
property under consideration; 

(2) the site plan, arrangement, design, and architectural 
features of all existing and proposed structures in the 
surrounding neighborhood; 

(3) the type, nature of exumination, and design of any signs; 

(4) the amount of noise, trafhc, and any other deleterious 
external effect that the nonconforming use can 
reasonably be anticipated to generate or create; 

(5) the nature of any protective screening or other safeguard 
designed to shield the neighborhood from any adverse 
effect; and 

(6) the amount and nature of off-street parking and loading 
facelities availabue or to be provided in conjunction with 
the proposed use. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1" paragraph of Article 30, §8.0-7b4. 



1352 



1 998- 1 999 Session Ord. 99-547 



Deflned terms: 

Board §1-118 Nonconforming use §13-101 

Lot §1-154 Sign §1-189 

Lot line §1-156 Structure §1-193 

Must cf §1-211 Use §1-196 



§ 13-709. Imposition of conditions. 

(A) Board MAY IMPOSE. 

To THE EXTENT NECESSARY OR DESIRABLE TO REDUCE OR MINIMIZE ANY 
EFFECT OF A PROPOSED MODIHCATION ON OTHER PROPERTIES IN THE 
NEIGHBORHOOD, THE BOARD MAY: 

( 1 ) REQUIRE CHANGES DM ANY DESIGN OR PLAN OF ANY EXISTING 
STRUCTURE OR ANY ALTERATION OF THE STRUCTURE; AND 

(2) IMPOSE CONDITIONS, RESTRICTIONS, AND LIMITATIONS 
GOVERNING: 

(I) SCREENING OR FENCING; 

(n) TYPE OF LIGHTING; 

(m) NATURE OF ANY SIGN; 

(IV) CIRCULATION OF VEHICLES AND PEDESTRIANS ; 

(V) PARKING; 

(VI) HOURS OF OPERATION; AND 
(Vn) ANY OTHER MATTER. 

(b) compuance required. 

( 1 ) Failure to comply with any change, condition, restriction, 
OR limitation imposed by the Board under this section 

CONSTITUTES A VIOLATION OF THIS ARTICLE. 



1353 



Ord. 99-547 



1998-1999 Session 



(2) no condition, restriction, or limitation imposed by the 
Board under this section may be changed unless, on the 
filing of a new application to the board, the board 
authorizes that change. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"** paragraph of Article 30, §8.0-7b4. 



Board 

May 

No ... may 



Defined terms: 

§1-118 
c/ §1-211 
c/ §1-211 



Modify 

Sign 

Structure 



§13-701 
§1-189 
§1-193 



13-710. {Reserved} 

13-711. {Reserved} 

\2>-l\l. Change of certain Class II or III nonconforming uses. 

The Board may authorize a change of a Class II or Class HI 
nonconforming use, as limited and stated in §§ 13-305 and 13-405 
{ "Changes in use" } of this title, ef the Board finds that: 

( 1 ) ANY emission OF NOISE, VIBRATION, SMOKE OR PARTICULATE 
MATTER, TOXIC MATTER, ODOROUS MATTER, OR GLARE FROM THE 
PROPOSED USE WOULD BE NO GREATER THAN THAT FROM THE 
EXISTING OR LAST USE OF THE PROPERTY; 

(2) THE PROPOSED USE WILL NOT GENERATE A GREATER VOLUME OF 
TRAFRC THAN THE EXISTING OR LAST USE OF THE PROPERTY; 

(3) THE PROPOSED USE WILL NOT OCCUPY A GREATER PORTION OF THE 
LOT OR STRUCTURE THAN THE EXISTING OR LAST USE OF THE 
PROPERTY; AND 

(4) THE EFFECT OF THE PROPOSED USE ON THE HEALTH, SAFETY, OR 
GENERAL WELFARE OF THE COMMUNITY WILL BE NO WORSE THAN 
THE EXISTING OR LAST USE OF THE PROPERTY. 



1354 



1998-1999 Session 



Ord. 99-547 



Re VISOR'S Note 

This section is new language derived without substantive 
change from Article 30, §8.0-7bl. 

In item (1) of this section, which echoes the categories of 
performance standards established in Title 12 of this article, 
the former reference to the "fire and explosion hazards" is 
deleted. See General Revisor's Note to Title 12. 

Defined terms: 



Board 
Lot 

May 



§1-118 

§1-154 

c/ §1-211 



Nonconforming use 

Structure 

Use 



§13-101 

§1-193 
§1-196 



13-713. Alteration of exterior walls of Class n or in 
nonconforming use. 

The Board may authorize an alteration of the exterior wall of a 
Class n or Class III nonconforming use, as stated in §§ 13-303 and 
1 3-403 { "Repairs and alterations" } of this title, if the Board finds 

THAT: 

( 1 ) THE NONCONFORMING USE LAWFULLY ADJOINS THAT WALL; 

(2) THE ALTERATION WILL NOT EXTEND BEYOND THAT PART OF THE 
BUILDING ACTUALLY OCCUPIED BY THE NONCONFORMING USE; 

(3) THE ALTERATION WILL NOT INCLUDE THE ENLARGEMENT OF ANY 
DISPLAY WINDOW; AND 

(4) THE ALTERATION: 

(I) WILL RESULT IN GREATER ARCHITECTURAL HARMONY WITH 
ADJACENT BUE.DINGS IN THE DISTRICT IN WHICH THE 
NONCONFORMING USE IS LOCATED; AND 

(n) WILL RESULT IN A FACADE THAT, AS COMPARED TO THE 

PREVIOUS DESIGN AND TREATMENT OF THE BUILDING WALL, 
IS MORE IN KEEPING WITH USES PERMITTED IN THE DISTRICT. 



1355 



Ord. 99-547 



1998-1999 Session 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-7b2. 



Adjacent 
Adjoining 
Board 
Building 



terms: 






§1-103 
§1-104 
§1-118 
§1-121 


May 

Nonconforming use 
Use 


c/ §1-211 

§13-101 

§1-196 



13-714. Extension or moving of Class I, n, or III nonconforming 

USE. 

The Board may authorize an extension or moving of a Class I, Class 
n, OR Class IE nonconforming use, as limited and stated in §§ 13-206, 
13-306, AND 13-406 {"Expansions of use"} and §§ 13-208, 13-308, and 
1 3-408 { "Relocations" } of this title, if the Board finds that: 

( 1 ) THE EXTENSION OR MOVING WILL NOT CAUSE A GREATER VOLUME OF 
TRAFHC THAN THAT GENERATED BEFORE THE EXTENSION OR MOVE; 

(2) THE EXTENSION OR MOVING WEX NOT VIOLATE IN ANY MANNER THE 
BULK REGULATIONS OF THE DISTRICT IN WHICH THE PROPERTY IS 
LOCATED; 

(3) THE EFFECT OF THE EXTENDED OR MOVED USE ON THE HEALTH, 
SAFETY, OR GENERAL WELFARE OF THE COMMUNITY WILL BE NO 
WORSE THAN THE EXISTING OR LAST USE; 

(4) FOR THE EXTENSION OF A CLASS II OR CLASS III NONCONFORMING 
USE, THE EXTENSION WELL NOT RESULT IN AN INCREASE OF THE 
FLOOR AREA OF MORE THAN 25% BEYOND THAT WHICH HAD BEEN 
OCCUPIED OR USED WHEN IT BECAME NONCONFORMING; AND 

(5) FOR AN EXTENSION IN THE CRITICAL AREA: 

(I) THERE IS NO ENVIRONMENTALLY ACCEPTABLE 
ALTERNATIVE OUTSIDE THE CRITICAL AREA; AND 



356 



A 



1 998- 1 999 Session Ord. 99-547 



(n) THE USE IS NEEDED TO CORRECT AN EXISTING WATER 
QUALITY OR WASTEWATER MANAGEMENT PROBLEM. 

Revisor's Note 



This section is new language derived without substantive 
change from Article 30, §8.0-7b3. 





Deflned terms: 






Board 
Floor area 
May 


§1-118 

§1-144 

c/ §1-211 


Nonconforming use 
Use 


§13-101 
§1-196 


§ 13-715. {Reserved} 






§ 13-716. {Reserved} 







Part III Continuances 

§ 13-717. In GENERAL. 

The Board may authorize the continuance of nonconforming uses 

AND OF NONCOMPLYING DWELLING UNITS IN NONCOMPLYING STRUCTURES AS 
SPECIFIED IN THIS PART ID. 

Revisor's Note 

This section is new language derived without substantive 
change from part of the introductory clause of Article 30, 
§8.0-7b. 

Deflned terms: 

Board §1-118 Noncomp lying structure §13-101 

Dwelling §1-136 Nonconforming use §13-101 

Dwelling unit §1-137 Structure §1-193 

May c/ §1-211 Use §1-196 

§ 13-718. CONTINUANCES FOR CLASS II OR III NONCONFORMING USE. 

(A) Board AUTHORITY. 



1357 



Ord. 99-547 1 998- 1 999 Session 



The Board may extend the time limit for the discontinuance of a 
Class II or a Class III nonconforming use, subject to the limits 

STATED in §§ 13-307 AND 13-407 { "DISCONTINUANCE OR 
ABANDONMENT"} OF THIS TITLE, AS SPECIFIED IN THIS SECTION. 

(B) Timely APPUCATION REQUIRED. 

to obtain an extension, the property owner must apply to the 
Board, in writing, before or within 6 months after the specified 
discontinuance period lapses. 

(c) General considerations. 

( 1 ) In addition to the findings required by subsection (D) of THIS 
SECTION, THE BOARD MUST GIVE DUE REGARD TO THE AGE AND 
CONDITION OF THE STRUCTURE AND THE PRACTICABILITY OF ITS 
ADAPTION OR CONVERSION TO A CONFORMING USE. 

(2) Any relief granted by the Board: 

(i) may only be as reasonably required to effect 

SUBSTANTIAL JUSTICE; 

(II) MAY NOT BE GRANTED ON AN ARBITRARY OR 
DISCRIMINATORY BASIS; AND 

(in) MUST BE GRANTED WITH DUE CONSIDERATION FOR ITS 
EFFECT ON THE VALUE, UTILIZATION, ENJOYMENT, AND 
ULTIMATE DEVELOPMENT OF NEIGHBORHOOD PROPERTIES. 

(D) Required FINDINGS. 

The Board must find that: 

( 1 ) THE nonconforming USE HAS NOT IN FACT BEEN ABANDONED; 

(2) DISCONTINUANCE OF THE USE HAS BEEN BEYOND THE CONTROL 
OF THE OWNER; 

(3) THE OWNER HAS MADE ALL REASONABLE EFFORTS TO RENT, 
LEASE, SELL, OR CONTINUE THE USE OF THE PROPERTY; AND 



1358 



1 998- 1 999 Session Ord. 99-547 



(4) THE ENFORCEMENT OF THE TIME LIMIT WOULD IMPOSE ON THE 
OWNER OR LESSEE OF THE PROPERTY EXCEPTIONAL AND 
PRACTICAL DEFHCULTIES THAT ARE NOT: 

(I) CREATED BY OR THE RESULT OF ANY ACTION OR LACK 
OF ACTION BY ANY PERSON HAVING AN INTEREST IN 
THE PROPERTY; OR 

(n) THE RESULT OF DISREGARD FOR OR IGNORANCE OF THE 
PROVISIONS OF THIS TITLE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-7b5. 

The former exception for Class III nonconforming uses in R- 
6 through R-10 Districts is deleted as unnecessary given the 
broad exception for those districts in §1 3-407 (c) of this title. 





Defined terms: 






Board 


§1-118 


Nonconforming use 


§13-101 


May 


c/ §1-211 


Person 


§1-174 


May not 


c/ §1-211 


Structure 


§1-193 


Must 


c/ §1-211 


Use 


§1-196 



§ 13-719. CONTINUANCES FOR NONCOMPLYING DWELLING UNITS IN R-8, R-9, 
AND R-10 DISTRICTS. 

(A) Board AUTHORITY. 

The Board may authorize the continuance of a noncomplyemg 
dwelling unit in a noncomplying structure located in an r-8, r- 
9, OR R-10 District, as stated in § 13-513 {"Mandatory 

TERMINATION IN R-8 TO R-10 DISTRICTS"} OF THIS TITLE. 

(B) Timely APPUCATION REQUIRED. 

to obtain an extension, the property owner must apply to the 
Board, in writing, at least 6 months before the discontinuance 

PERIOD lapses. 



1359 



Ord. 99-547 1 998- 1 999 SESSION 



(c) General considerations. 

( 1 ) In addition to the findings required by subsection (d) of this 

SECTION, THE BOARD MUST CONSIDER AND BE GUIDED BY: 

(I) THE CONDITION, USE, OPERATION, OCCUPANCY, AND 
MAINTENANCE OF ALL DWELLING UNITS WITHIN THE 
STRUCTURE; 

(n) THE EXISTING AMOUNT OF FLOOR AREA PER INDIVIDUAL FOR 
THE OCCUPANTS IN EACH DWELLING UNIT; 

(ffl) the physical arrangement of the dwelling units 
within the structure; and 

(iv) all other matters considered to be in the interest 
of the general welfare. 

(2) Any relief granted by the Board: 

(i) may only be as reasonably required to effect 

substantial JUSTICE; 

(n) MAY NOT BE GRANTED ON AN ARBITRARY OR 
DISCRIMINATORY BASIS; AND 

(in) MUST BE GRANTED WITH DUE CONSIDERATION FOR ITS 
EFFECT ON THE VALUE, UTILIZATION, ENJOYMENT, AND 
ULTIMATE DEVELOPMENT OF NEIGHBORING PROPERTIES. 

(D) Required FINDINGS. 

The Board must find that: 

( 1 ) the noncomplying dwelling unit has not in fact been 
abandoned; 

(2) the continuance will not increase the danger of fire or 
otherwise endanger the public safety; 



1360 



1 998- 1 999 Session Ord. 99-547 



(3) the continuance will not overcrowd the lot or 
structure or create an undue concentration of 
population; 

(4) the noncomplyesfg structure meets all requirements 
and standards of the city's housing, fire prevention, 
Health, and Building Codes, and of all other applicable 

LAWS and regulations OF THE CiTY. 

(E) Imposition OF CONDITIONS. 

(1) Board MAY IMPOSE. 

To THE extent necessary OR DESIRABLE TO SECURE THE HEALTH, 
SAFETY, AND WELFARE OF THE OCCUPANTS AND TO REDUCE OR 
MINIMIZE ANY EFFECT ON OTHER PROPERTIES IN THE 
NEIGHBORHOOD, THE BOARD MAY: 

(I) REQUIRE CHANGES OR MODIFICATIONS IN ANY DESIGN OR 
PLAN OF ANY EXISTING NONCOMPLYING STRUCTURE OR ANY 
ALTERATION OF THE STRUCTURE; AND 

(n) IMPOSE CONDITIONS, RESTRICTIONS, AND LIMITATIONS ON 
THE CONTINUANCE. 

(2) Compliance REQUIRED. 

(I) Failure to comply with any change, condition, 

restriction, or limitation imposed by the board under 
this section constitutes a violation of this article. 

(n) no condition, restriction, or limitation imposed by the 
Board under this section may be changed unless, on the 
filing of a new application to the board, the board 
authorizes the change. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §8.0-7b6. 



1361 



Ord. 99-547 



998-1999 Session 



Subsection (b) is added to require expressly, as in §13-718, 
a written application for an extension. 





Defined terms: 






Board 


§1-118 


May not 


c/ §1-211 


Dwelling 


§1-136 


Must 


c/ §1-211 


Dwelling unit 


§1-137 


No ... may 


c/ §1-211 


Floor area 


§1-144 


Noncomplying structure 


§13-101 


Lot 


§1-154 


Structure 


§1-193 


May 


c/ §1-211 


Title 14 






Condi 1 lONAL Uses 





Subtitle 1. Overview; General Requirements 
14-101. Purpose. 

(A) Article based on district uniformity. 

This article is based on the division of the City into districts, in 
which the uses of land and structures and the bulk and 
location of structures in relation to the land are 
substantially uniform. 

(B) Special consideration for certain uses. 

Certain uses exist, however, that, because of their unique 
characteristics, cannot properly be classified in any 
particular district without consideration, in each case, of the 
impact of those uses on neighboring land and of the public need 
for the particular use at the particular location. these uses, 
referred to as "conditional uses", may only be approved as 
specified in this title. 

Revisor's Note 

This section is new language derived without substantive 
change from the P' paragraph of Article 30, §11.0-3c. 



1362 



1998-1 999 Session Ord. 99-547 



Defined terms: 

May c/ §1-211 Use §1-196 

Structure §1-193 



§ 14-102. By whom approved. 

Subject to the provisions of this title: 

( 1 ) THE Board may approve only those conditional uses that 

ARE SPECIFIED IN THIS ARTICLE AS REQUIRING BOARD APPROVAL; 
AND 

(2) ONLY THE Mayor and City Council may approve those 

CONDITIONAL USES THAT ARE SPECIFIED IN THIS ARTICLE AS 
REQUIRING APPROVAL BY ORDINANCE. 

Revisor's Note 

This section is new language derived without substantive 
change from a portion of the T^ paragraph of Article 30, 
§ 1 1 .0-3c and from the P' sentence of § 1 1 .0-6d. 



Use §1-196 



§ 14-103. Imposition of conditions. 

(A) When AUTHORIZED. 

Before the Board or City Council, as the case may be, approves 
any conditional use, it may impose on the establishment, 
location, construction, maintenance, and operation of the 
conditional use any conditions, restrictions, or limitations 
that the board or city council considers necessary or 
desirable to: 

( 1 ) reduce or minimize any effect of the use of on other 
properties in the neighborhood; and 



1363 







Board 

May 


§1-118 
c/: §1-211 



Ord. 99-547 1 998- 1 999 Session 



(2) SECURE COMPLIANCE WITH THE STANDARDS AND 
REQUIREMENTS OF THIS TITLE; AND 

(3) BETTER CARRY OUT THE INTENT AND PURPOSES OF THIS 
ARTICLE. 

(b) v/ hen required. 

The Board must impose these conditions, restrictions, and 
limitations whenever it approves a conditional use relating to 
automotive repair or recycling collection stations. 

(c) Guarantees. 

The Board or City Council, as the case may be, may require 
whatever evidence and guarantees it considers necessary to 
assure that the conditions, restrictions, and limitations 
imposed will be met and complied with. 

(D) Record OF CONDITIONS. 

( 1 ) All conditions, restrictions, or limitations imposed by the 
Board must be set forth in the Board's written decision 
approving the conditional use. 

(2) All conditions, restrictions, or limitations imposed by the 
City Council must be set forth in the ordinance approving 

THE conditional USE. 

(e) compuance required. 

Failure to comply with any condition, restriction, or limitation 
imposed under this section constitutes a violation of this 

ARTICLE. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §1 1.0-3c3 and the 2"^ paragraph of 
§11.0-6d. 

In the introductory clause of subsection (a) of this section, 
"limitations" is added to conform to similar references 

1364 



t 



k 



1 998- 1 999 Session Ord. 99-547 

elsewhere, and "or desirable" is added to conform to the 
similar reference in §13-709 of this article. 

In subsection (a)(2) of this section, "title" is substituted for 
"article". 

Subsection (a)(3) is new language added too conform to the 
similar provisions of §15-302 governing variances. 

Subsection (d)(2) is new language added for clarity, as a 
counterpart to the provisions of subsection (d)(1) goveming 
Board action. 

Defined terms: 

Board §1-118 Recycling ... station §1-182 

May c/ §1-211 Use §1-196 

Must c/ §1-211 

Subtitle 2. Procedures and General Considerations 
Part I. For Board Approval 
§ 14-201. Applications. 

(A) Who MAY APPLY. 

An appucation for a conditional use must be filed by the 
property owner or with the written consent of the property 

OWNER. 

(B) FiuNG WITH Administrator. 

The application must be filed with the Zoning Administrator in 
the form that the board requires. 

(c) Contents. 

The appucation must: 

( 1 ) be accompanied by the plans AND INFORMATION THAT THE 

Board requires by general rule; and 



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Ord. 99-547 1 998- 1 999 Session 



(2) INCLUDE A WRITTEN STATEMENT BY THE APPLICANT, WITH 
ADEQUATE SUPPORTING EVIDENCE, SHOWING HOW THE 
PROPOSED CONDITIONAL USE WELL CONFORM TO THE 
STANDARDS SET FORTH IN THIS TITLE. 

(D) Transmittal TO Board. 

The Zoning Administrator must forward the application and 
all relevant information to the board. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §1 1.0-3cl and from the V\ 2"^ and 
part of the 3'** sentence of § 11 .0-3c2. 

Subsection (a) of this section is revised, in conformity with 
administrative practice, to delete the ambiguous (near- 
unintelligible) reference to persons who have "exclusive" 
possession and the inapposite reference to "parcels of land 
comprising one ... tract". 

Defined terms: 

Board §1-118 Person §1-174 

Includes; including §1-152 Use §1-196 

Must c/ §1-211 



§ 14-202. Referral to Planning. 

When forwarding the application to the Board, the Zoning 
Administrator must refer copies to the Department of Planning for 
its report and recommendations. 

Revisor's Note 

This section is new language derived from part of the 3'** 
sentence of Article 30, §1 1.0-3c2. 

In accordance with decades-long administrative 
practice, "Department of Planning" is substituted here and in 
§14-203 of this subtitle for "Planning Commission". See 
also General Revisor's Note to Title 2, Subtitle 1. 



1366 



1 998- 1 999 Session Ord. 99-547 

Defined terms: 

Board §1-118 Must c/ §1-211 

§ 14-203. Planning report and recommendation. 

(A) To BE SUBMITTED WITHIN 1 5 DAYS. 

Within 15 working days after the Department of Planning has 
received the application, it must forward its written report and 
recommendations to the Board. 

(B) Failure TO SUBMIT WITHIN 15 DAYS. 

If the Department of Planning fails to submit its report and 

RECOMMENDATIONS WITHIN THE PERIOD SPECIFIED IN SUBSECTION (A) OF 
THIS SECTION, THE BOARD MAY PROCEED WITHOUT THE REPORT AND 
RECOMMENDATIONS. 

Revisor's Note 

This section is new language derived from the 4'*' sentence 
ofArticleSO, §11.0-3c2. 

In accordance with decades-long administrative 
practice,"Department of Planning" is substituted here and in 
§14-202 of this subtitle for "Planning Commission". See 
also General Revisor's Note to Title 2, Subtitle 1. 

The Review Committee questions whether the 15-day 
deadline set by this section is realistic. 



Must c/ §1-211 



§ 14-204. Required findings. 

The Board may not approve a conditional use unless, after public 
notice and hearing and on consideration of the standards 
prescribed in this title, it finds that: 



Defined terms: 


§1-118 
c/ §1-211 



1367 



Ord. 99-547 1998-1 999 Session 



( 1 ) THE ESTABLISHMENT, LOCATION, CONSTRUCTION, MAINTENANCE, 
AND OPERATION OF THE CONDITIONAL USE WELL NOT BE 
DETRIMENTAL TO OR ENDANGER THE PUBLIC HEALTH, SECURITY, 
GENERAL WELFARE, OR MORALS; 

(2) THE AUTHORIZATION IS NOT OTHERWISE IN ANY WAY CONTRARY TO 
THE PUBLIC INTEREST; AND 

(3) THE AUTHORIZATION IS IN HARMONY WITH THE PURPOSE AND INTENT 
OF THIS ARTICLE. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"^ paragraph of Article 30, § 1 1 .0-3c and 
from the 1" clause of § 11 .0-5a. 

In item (1) of this section, the terms "location" and 
"construction" are added to conform to the like references in 
§14-103 of this title governing the imposition of conditions. 

Defined terms: 

Board §1-118 Use §1-196 

May not c/ §1-211 



14-205. Required considerations. 

(A) In GENERAL. 

as a further guide to its decision on the facts of each case, the 
Board must consider the following, where appropriate: 

( 1 ) the nature of the proposed site, including its size and 
shape and the proposed size, shape, and arrangement of 
structures; 

(2) THE resulting TRAFHC PATTERNS AND ADEQUACY OF 
PROPOSED OFF-STREET PARKING AND LOADING; 



1368 



1998-1 999 Session Ord. 99-547 



(3) THE NATURE OF THE SURROUNDING AREA AND THE EXTENT TO 
WHICH THE PROPOSED USE MIGHT IMPAIR ITS PRESENT AND 
FUTURE DEVELOPMENT; 

(4) THE PROXIMITY OF DWELLINGS, CHURCHES, SCHOOLS, PUBLIC 
STRUCTURES, AND OTHER PLACES OF PUBLIC GATHERING; 

(5) ACCESSIBE-ITY OF THE PREMISES FOR FIRE AND POLICE 
PROTECTION; 

(6) ACCESSIBILITY OF LIGHT AND AIR TO THE PREMISES AND TO THE 
PROPERTY IN THE VICINITY; 

(7) THE TYPE AND LOCATION OF ADEQUATE UTILITIES, ACCESS 
ROADS, DRAINAGE, AND OTHER NECESSARY FAdLITIES THAT 
HAVE BEEN OR WILL BE PROVIDED; 

(8) THE PRESERVATION OF CULTURAL AND HISTORIC LANDMARKS ; 

(9) THE PROVISIONS OF THE CiTY MASTER PLAN; 

( 1 0) THE PROVISIONS OF ANY APPLICABLE URBAN RENEWAL PLAN; 

(11) ALL APPLICABLE STANDARDS AND REQUIREMENTS OF THIS 
ARTICLE; 

(12) THE INTENT AND PURPOSE STATED IN § 1-401 {"PURPOSES OF 
ARTICLE"} OF THIS ARTICLE; AND 

(13) ANY OTHER MATTERS CONSIDERED TO BE IN THE INTEREST OF 
THE GENERAL WELFARE. 

(B) Additional considerations and requirements. 

Additional considerations and requirements for certain uses 

ARE specified IN SUBTITLE 3 { "ADDITIONAL CONSIDERATIONS FOR 

Certain Uses" } of this title. 

Revisor's Note 

Subsection (a) of this section is new language derived 
without substantive change from Article 30, §11.0-5al - 12. 



369 



Ord. 99-547 



1998-1999 Session 



Subsection (b) is new language added for clarity. 
Defined terms: 



Board 


§1-118 


Must 


Dwelling 


§1-136 


Premises 


Includes: including 


§1-152 


Structure 


Master Plan 


§1-160 


Use 



c/ §1-211 
§1-176 
§1-193 
§1-196 



§ 14-206. {Reserved} 
§ 14-207. {Reserved} 

§ 14-208. In general. 



Part II. For Ordinance 



Bills proposing conditional uses are governed by the procedures in 
Title 16 {"Legislative Authorizations"} of this article. 

Re VISOR'S Note 

This section is new language substituted for the 2"** and 3"^ 
sentences of the T' paragraph of Article 30, §1 1.0-6d, which 
merely duplicate the general provisions of Title 1 6 of this 
article. 

Defined terms: 

Use §1-196 



Subtitle 3. Additional Considerations for Certain Uses 

Part I. In General, 

14-301. Scope OF SUBTITLE. 

The requirements of this subtitle are in addition to and not in 
substitution of those imposed by Subtitle 2 ("Procedures and 
General Considerations" ) . 



1370 



1 



1 998- 1 999 Session Ord. 99-547 

Revisor's Note 

This section is new language added for clarity. 
Part 11 For Board Approval 

§ 14-302 TO 14-305. {RESERVED} 

14-306. Boats, trailers, etc.: parking or storage. 

(A) Required findings and conditions. 

For parking or storage of boats, boat trailers, travel trailers, 
or similar camping equipment, the board must find, and require 
as conditions of approval, that: 

( 1 ) at no time will this equipment be used for living or 
housekeeping purposes; 

(2) the equipment will not have fdced connections to 
electricity, water, gas, or sanitary sewer facelities; 

(3) if the equipment is parked or stored outside of a garage, 
it will be parked or stored to the rear of the front 
building line of the lot and located at least 3 feet from 
the side or rear lot lines; 

(4) the equipment will be kept in good repair and carry a 
current year's license and registration; and 

(5) the parking or storage is not of an unoccupied mobile 
home, being a movable or portable dwelling, 
constructed to be towed on its own chassis and 
connected to utelities and designed without a 
permanent foundation for year-round living, which is 
specmcally prohibited. 

(B) Exception for loading and unloading. 

NOTWITHSTANDING SUBSECTION (A)(3) OF THIS SECTION, THE EQUIPMENT 
MAY BE PARKED ANYWHERE ON THE PREMISES, FOR A PERIOD OF NOT 
MORE THAN 48 HOURS, FOR LOADING OR UNLOADING PURPOSES. 



1371 



Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 



This section is new language derived without substantive 
change from Article 30, §1 1.0-5al3. 





Defined terms: 






Board 


§1-118 


May 


c/ §1-211 


Building 


§1-121 


Must 


c/ §1-211 


Dwelling 


§1-136 


Premises 


§1-176 


Lot 


§1-154 


Travel trailer 


§1-195 


Lot line 


§1-156 


Use 


§1-196 



§ 14-307. Boats less than 65 ft. (manufacturing and repair with 

SALES). 

(A) "Assembly" defined. 

In this section, assembly includes: 

( 1 ) assembly and installation of sails, masts, bridges, or 
other major components; 

(2) sandblasting (or other preparation) and painting of 

HULLS; 
(3 ) INSTALLATION OF NAVIGATIONAL INSTRUMENTS ; AND 
(4) TESTING OF ELECTRICAL, MECHANICAL, AND OTHER SYSTEMS. 

(B) Required findings and conditions. 

For BOATS LESS THAN 65 FEET LONG (MANUFACTURING AND REPAIR 
WITH SALES), THE BOARD MUST FIND, AND REQUIRE AS CONDITIONS OF 
APPROVAL, THAT: 

( 1 ) THE SITE WILL HAVE EQUIPMENT CAPABLE OF REPAIRING, 
HAULING, AND LAUNCHING VESSELS WITH A GROSS WEIGHT OF 
25 TONS OR MORE: AND 

(2) THE SALE OF NEW BOATS, OTHER THAN THOSE ASSEMBLED OR 
MANUFACTURED ON SITE, BE PROHIBITED. 



1372 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 



This section is new language derived without substantive 
change from Article 30, § 1 1 .0-3c-2. 

Defined terms: 

Board §1-118 Must c/ §1-211 

Includes; including § 1 - 1 52 



§§ 14-308 TO 14-310. {Reserved} 

§ 14-311. Marinas. 

For marinas, the Board must find, and require as conditions of 
approval, that: 

( 1 ) the proposed project will be compatible with and not 
disrupt the master plan for marinas, as adopted by the 
PLANNING Commission and amended from time to time; 

(2) THE PROPOSED PROJECT WILL NOT UNDULY IMPEDE ACCESS TO OPEN 
WATER BY OTHER MARINAS, COMMERCIAL OPERATIONS, OR BOAT 
LAUNCHES; AND 

(3) THE APPLICANT HAS MET OR WILL MEET ALL LOCAL, STATE, AND 
FEDERAL REQUIREMENTS RELATING TO THE CONSTRUCTION, 
OPERATION, AND MAINTENANCE OF A MARINA. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §1 1.0-5al4. 

In the introductory clause of this section, the reference to 
"conditions of approval" is added for consistency. 

Defined terms: 

Board §1-118 Must c/ §1-211 

Marina § 1 - 1 57 



14-312 TO 14-315. {Reserved} 



373 



Ord. 99-547 1 998- 1 999 Session 

§ 14-316. Microwave antennas. 
(A) Required findings. 



I 



For the placement or erection of microwave antennas 
(satelxite dishes), the board may consider the quality of signal 

reception but must FIND, AND REQUIRE AS A CONDITION OF APPROVAL, 

THAT THE ANTENNA WILL NOT INTERFERE WITH THE RIGHTS OF THE A 



ADJACENT AND NEIGHBORING PROPERTIES TO UGHT, AIR, AND SUN. 

(B) Additional conditions. 

In ADDITION, THE BOARD MAY: 

( 1 ) SPECIFY THE PLACEMENT OF THE ANTENNA; AND 

(2) REQUIRE SCREENING. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §11.0-5al5. 

In subsection (a) of this section, the reference to "condition 
of approval" is added for consistency. 

Defined terms: 

Adjacent § 1 - 1 03 May c/ § 1 -2 1 1 

Board §1-118 Must c/ §1-211 

Erect §1-140 

§§ 14-317 TO 14-320. {Reserved} 

§ 14-321. Recreational FACILITIES: OUTDOOR. 

The Board has continuing authority to review and determine the 
appropriate lighting, screening, and noise level standards for any 

OUTDOOR RECREATIONAL FACILITY. 



I 



1374 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §1 1.0-3c-4 {as enacted by 
Ordinance 97-143}. 

Defined terms: 

Board §1-118 Recreational facility: outdoor §1-180 

§§ 14-322 TO 14-325. {Reserved} 

§ 14-326. Recycling collection stations. 

For a recycling collection station, the Board must consider: 

( 1 ) the size of the transfer trailer or roll-off and its location 
on the site; 

(2) availability of off-street parking and the impact on any 
existing parking lot; 

(3) whether an attendant is to be provided or required and 
hours of operation, which information must be clearly 
posted on the trailer or roll-off; 

(4) impact on adjacent residences or businesses; 

(5) whether other recycling collection stations are in the 
immediate neighborhood; 

(6) whether landscaping or screening is needed and what is to 
be provided; and 

(7) compliance with all applicable building, housing, and 
health code standards. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §1 1.0-5al7. 



1375 



Ord. 99-547 


1998-1999 Session 

Defined terms: 




Adjacent 


§1-103 Must 


c/ §1-211 


Board 


§ 1 - 1 1 8 Recycling . . . station 


§1-182 



I 



§§ 14-327 TO 14-340. {Reserved} 

Part III. For Ordinance A 

§ 14-341. Adult-entertainment BUSiiVESSES, ETC. 

Before approving a conditional use for any adult-entertainment 
business, adult book or video store, or peep show establishment, the 
City Council must: 

( 1 ) find in each specmc case that the establishment, location, 
construction, maintenance, and operation of that use well 
not be detrimental to or endanger the public health, 
security, general welfare, or morals; and 

(2) as a further guide to its decision on the facts of each case, . 
consider the following: 

(i) the standards enumerated in § 14-205 { "required 
considerations"} of this title, as approprl\te; and 

(n) the adverse secondary effects of the proposed use 
on the community. 



Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §1 1.0-6dl and the following 
paragraph. 

Although former §1 1.0-6dl (whence items (1) and (2(i) of 
this section) appears on its face to apply to all conditional 
use ordinances, that evidently was the result of a drafting 
error. Former § 1 1 .0-6d 1 was enacted by Ordinance 94-443 
for the purpose, as stated in its title, of "providing for 
standards for conditional uses for adult entertainment 
busmesses". Nowhere in the title or in the history of the 
Ordinance is there any suggestion that these standards were 

1376 



1 998- 1 999 Session Ord. 99-547 



intended to apply to other types of conditional uses as well. 
Accordingly, given the titling requirements of the City 
Charter, the section is revised to apply only to adult- 
entertainment businesses, adult book stores, and peep show 
establishments. But cf. Article 66B, §1.00(i) of the 
Maryland Code. 

Former Article 30, § 11 .0-6e, stating that a decision of the 
City Council under this section is subject to judicial review 
"in the same manner as are other legislative actions" taken 
under this article, is deleted as unnecessary given the 
absence of any suggestion that a different rule or procedure 
can or should apply. Cf. State Code Article 66B, §2.09(a). 

Former Article 30, § 1 1 .0-3c-3, which set forth certain 
required actions to be taken by the Board before granting 
conditional use approval for an adult-entertainment business 
(including the somewhat insulting mandate to "read the 
written application and all attachments") is deleted as 
obsolete, given the transfer of approval authority to the 
Mayor and City Council. 

Defined terms: 

Adult ... business § 1 - 1 06 Peep show establishment § 1 - 1 7 2 

Book . . . store: adult § 1 - 1 20 Use § 1 - 1 96 

Must c/ §1-211 



§§ 14-342 TO 14-345. (Reserved) 

§ 14-346. Community correction centers. 

All bills introduced to approve a conditional use for a community 
correction center must be accompanied by a statement that 
clearly identifies all state or municipal authorities, private 
contractors, or other persons responsible for the operation and 
control of the facility. 

Revisor's Note 

This section is new language derived without substantive 
change from the 3"^ sentence of Article 30, §13.0-2-19. 



1377 



1 



V 

Ord. 99-547 1 998- 1 999 Session 



The section is clarified to indicate that the required 
statement need only "accompan[y]" the bill rather than, as 
formerly stated, be "include[d]" in the bill itself. 

Deflned terms: 

Community correction center §1-128 Person §1-174 

Must c/ §1-211 Use §1-196 



§§ 14-347 TO 14-350. (Reserved) 
§14-351. Housing FOR ELDERLY. 

(A) In GENERAL. 

A conditional use for housing for the elderly is conditioned on 

THE ANNUAL FILING WITH THE ZONING ADMINISTRATOR OF EVIDENCE 
THAT THE FACILITY CONTINUES TO COMPLY WITH THE REQUIREMENTS FOR 
HOUSING FOR THE ELDERLY. 

(B) Required EVIDENCE. 

In addition to any other relevant information that the Zoning 
Administrator requires, the annual filing must contain a 
certified statement for each month OF: 

( 1 ) THE NUMBER OF OCCUPANTS BY AGE AND DISABILITY; AND 

(2) FOR EACH INDIVIDUAL WHO IS NEITHER 60 YEARS OLD OR OLDER 
NOR DISABLED, THAT INDIVIDUAL'S RELATIONSHIP TO A 
QUALIFIED OCCUPANT OR TO THE BUILDING (SPOUSE, 
CARETAKER, ETC.). 

Re VISOR'S Note 

This section is new language derived without substantive 
change from the 4'*' sentence of Article 30, §13.0-2-46. 

Subsection (a) of this section is revised to state expressly 
that continued compliance with the definitional 
qualifications is required. 



1378 



1 998- 1 999 Session Ord. 99-547 



In the introductory clause of subsection (b) of this section, 
reference to other information that the Administrator might 
require is added for clarity and consistency. 

In subsection (b)(1) of this section, "disability" is added for 
consistency, correcting an apparent drafting error. 

Defined terms: 

Building §1-121 Must c/ §1-211 

Housing for elderly §1-151 Use §1-196 



General Revisor's Note to Subtitle 

In revising this subtitle. Article 30, §1 1.0-5al8, has been 
deleted. That provision required the Board, "[i]n the case of 
a bed and breakfast establishment", to "determine and state 
whether the premises are owner-occupied". First, a "bed 
and breakfast establishment" (as distinct from a "bed and 
breakfast home") need not be owner-occupied. Second, 
even as to a "bed and breakfast home", a statement of 
"whether" it is owner-occupied (as distinct from a statement 
"that" it is owner-occupied) is of little consequence. Third, 
even if this provision were rewritten to correct these points, 
it would still require nothing that isn't already implicitly 
required for all conditional uses: a determination that the 
proposed use meets all relevant requirements of this article. 

Subtitle 4. Removal of Gasoune Service Stations 
§ 14-401. "Removal" defined. 

In THIS SUBTTTUE, "REMOVAL" MEANS: 

( 1 ) THE REMOVAL BY THE OWNER OF ALL ABOVE-GROUND STRUCTURES ; 
AND 

(2) THE REMOVAL OR, AT THE OPTION OF THE PROPERTY OWNER, THE 
ABANDONMENT IN PLACE OF UNDERGROUND TANKS IN ACCORDANCE 

WITH Appenddc C, National Fire Protection Association No. 
30, "Flammable and Combustible Liquids Code, 1966". 



1379 



Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 



This section is new language derived without substantive 
change from the 3'** paragraph of Article 30, §1 1.0-3c-l. 

The Review Committee questions whether the over 30-year- 
old standard specified here is still current. 

Defined terms: 

Structure §1-193 



§ 14-402. Purpose. 

GASOLDVfE SERVICE STATIONS ARE A CONDITIONAL USE. AT TIMES, THE PUBLIC 
NEED FOR GASOLINE SERVICE STATIONS CEASES TO EXIST AT PARTICULAR 
LOCATIONS. The abandonment of these GASOLINE SERVICE STATIONS, 
HOWEVER, CONSTITUTES A SERIOUS PROBLEM AFFECTING THE PUBLIC HEALTH, 
SAFETY, SECURITY, AND GENERAL WELFARE OF THE ClTY OF BALTIMORE. 

Revisor's Note 

This section is new language derived without substantive 
change from the T' paragraph of Article 30, §11.0-3c-I. 

Defined terms: 

Gasoline service station §1-146 Use §1-196 



§ 14-403. Board authority. 

Subject to the provisions of this subtitle, the Board may require 

THE removal of GASOLINE SERVICE STATIONS THAT HAVE BEEN ABANDONED 
AND NO LONGER SERVE A PUBLIC NEED. 

Revisor's Note 

This section is new language derived without substantive 
change from a portion the 2"^ paragraph of Article 30, § 1 1 .0- 
3c- 1. 

In this section and throughout this subtitle, "require" is 
substituted for the former, rather cryptic phrase "call for". 

1380 



1 998- 1 999 Session Ord. 99-547 





Defined terms: 


Board 




§1-118 


Gasoline service station 


§1-146 



May c/ §1-211 



§ 14-404. Evidence of abandonment. 

Any one of the following constitutes adequate evidence of the 
abandonment of an gasoline service station: 

( 1 ) discontinuance of the active and continuous operation of 

THE gasoline SERVICE STATION FOR 6 CONSECUTIVE MONTHS; 

(2) NON-RENEWAL OF TRADER ' S UCENSE OR FUEL PERMIT FOR 6 MONTHS 
FROM DUE DATE; OR 

(3) ACTUAL ABANDONMENT IN FACT, AS EVIDENCED BY THE BOARDING 
OR REMOVAL OF STRUCTURES OR BY THE REMOVAL OF SUBSTANTIAL 
OPERATING EQUIPMENT, IN WHICH EVENT THE ABANDONMENT IS 
COMPLETED AT THE TIME OF THAT ACTION. 

Revisor's Note 

This section is new language derived without substantive 
change from the 3"^ sentence of Article 30, §1 1.0-3c-l-2. 

Defined terms: 

Gasoline service station § 1 - 1 46 Structure § 1 - 1 9 3 

§ 14-405. Applications for removal. 

(A) Commissioner of Housing may apply. 

Whenever it appears to the Commissioner of Housing and 
Community Development that a gasoline service station has 

BEEN abandoned, THE COMMISSIONER MAY APPLY FOR ITS REMOVAL, 
as PROVIDED FOR IN THIS SUBTITLE. 



138; 



Ord. 99-547 1 998- 1 999 Session 



(B) Filing WITH Administrator. 

The application must be hled with the Zoning Administrator in 
the form that the zoning administrator requires. 

(c) contents. 

The application must include a statement in writing, with 
adequate evidence to support the findings required by § 14-408 
{"Required findings"} of this subtitle. 

(D) Administrator to forward to Board. 

The Zoning Administrator must forward the application and 
all relevant information to the board^ 

Revisor's Note 

This section is new language derived from Article 30, §1 1.0- 
3c- 1-1 and from the 1"' and 2"^ sentences and the P' clause 
of the last paragraph of §1 1.0-3c-l-2. 

In subsection (a) of this section, "Commissioner of 
Housing" is substituted for the archaic (pre- 1971 Zoning 
Code) reference to the "Zoning Commissioner". To be sure, 
the reference to "Zoning Commissioner" might have been 
intended to refer to the "Zoning Administrator" — but that 
would result in a rather anomalous process by which the 
Zoning Administrator is required to file an application with 
him- or herself, in the form that her or she requires. 

Deflned terms: 

Board §1-118 May c/ §1-211 

Gasoline service station §1-146 Must c/ §1-211 

Includes: including § 1 - 1 5 2 



§ 14-406. Referral to Planning. 

When forwarding the application to the Board, the Zoning 
administrator must refer copies to the department of planning for 

ITS REPORT and RECOMMENDATIONS. 



1382 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language derived from the 2"** clause of 
the last paragraph of Article 30, §1 1.0-3c-l-2. 

In accordance with decades-long administrative 
practice/'Department of Planning" is substituted here and in 
§14-407 of this subtitle for "Planning Commission". See 
also General Revisor's Note to Title 2, Subtitle 1. 

Defined terms: 

Board §1-118 Must c/ §1-211 

§ 14-407. Planning report and recommendation. 

(a) to be submitted within 15 days. 

Within 15 working days after the Department of Planning has 

RECEIVED the APPLICATION, IT MUST FORWARD ITS WRITEEN REPORT AND 
RECOMMENDATIONS TO THE BOARD. 

(B) FAILURETO SUBMIT WITHIN 15 DAYS. 

If the Department of Planning fails to submit its report and 

RECOMMENDATIONS WITHIN THE PERIOD SPECIFIED IN SUBSECTION (a) OF 
THIS SECTION, THE BOARD MAY PROCEED WITHOUT THE REPORT AND 
RECOMMENDATIONS . 

Revisor's Note 

This section is new language derived from the 2^ sentence 
of the last paragraph of Article 30, § 1 1 .0-3c- 1 -2. 

In accordance with decades-long administrative 
practice,"Department of Planning" is substituted here and in 
§14-406 of this subtitle for "Planning Commission". See 
also General Revisor's Note to Title 2, Subtitle 1 . 

The Review Committee questions whether the 15-day 
deadline set by this section is realistic. 



1383 



Ord. 99-547 1 998- 1 999 Session 



Deflned terms: 



Board §1-118 Must c/ §1-211 

May c/ §1-211 



§ 14-408. Required findings. 

After public notice and hearing, The Board may require the 
removal of a gasoline service station if the board finds that: 

( 1 ) THE GASOLINE SERVICE STATION HAS BEEN ABANDONED; 

(2) ITS CONTINUED EXISTENCE DOES NOT CONFORM TO THE STANDARDS 
ENUMERATED IN § 14-205 {"REQUIRED CONSIDERATIONS"} OFTHIS 
TITLE; 

(3) ITS CONTINUED EXISTENCE IS CONTRARY TO THE PUBLIC WELFARE; 
AND 

(4) ITS REMOVAL WOULD BE IN HARMONY WITH THE PURPOSE AND 
INTENT OF THIS ARTICLE. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"** paragraph of Article 30, §1 1.0-3c-l and 
from part of §11.0-3c- 1-2. 

Deflned terms: 

Board §1-118 May c/ §1-211 

Gasoline service station § 1 - 1 46 



Title 15 
Variances 

Subtitle 1. Overview 

§15-101. Board AUTHORITY. 

Subject to the provisions of this title, the Board may grant 

VARIANCES from REQUIREMENTS OFTHIS ARTICLE. 

1384 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from portions of the introductory paragraph of 
Article 30, §11. 0-3e. 

Defined terms: 

Board §1-118 May c/ §1-211 

§ 15-102. Limitations. 

The Board's authority to grant a variance applies only to the 

SPECIFIC purposes AND ONLY ON THE SPECmC FINDINGS SET FORTH IN 

Subtitle 2 of this title 

Revisor's Note 

This section is new language derived without substantive 
change from portions of the introductory paragraphs of 
Article 30, §§1 1.0-3e and 1 1.0-5c. 

Defined terms: 

Board §1-118 



General Revisor's Note to Subtitle 

The former provisions of Article 30 that dealt with variances 
have been revised and consolidated in this title. Except as 
otherwise noted, the counterpart provisions that dealt with 
so-called "special exceptions" have been deleted. See 
General Revisor's Note to this title. 

Subtitle 2. Authorized Variances; Required Findings 
Part I. Authorized Variances. 

§ 15-201. In GENERAL. 

Subject to the findings required by Part II of this subtitle, the 
Board may grant a variance for the purposes set forth in this Part 

I, BUT FOR no other PURPOSE. 

1385 



I 



Ord. 99-547 1 998- 1 999 SESSION 



Re VISOR'S Note 

This section is new language derived without substantive 
change from the introductory clause of Article 30, § 1 1 .0- 

3e2. 

Deflned terms: 

Board §1-118 May c/ §1-211 

§ 15-202. Lot area and coverage. 

(A) Lot AREA. 

The Board may grant a variance to reduce the applicable 
minimum lot area requirements by no more than: 

( 1 ) 25% of the applicable regulation; 

(2) for churches, temples, and synagogues in r-6 through 
R-10 Districts, 50% of the applicable regulation; or 

(3) for hotels and inns in a b-3 district, 50% of the 

applicable REGULATION IF, IN ADDITION TO ALL OTHER 
FINDINGS REQUIRED BY THIS TITLE, THE BOARD FINDS THAT: 

(I) THE REDUCTION WILL ADVANCE THE GENERAL 
WELFARE OF THE COMMUNITY AT LARGE BY 
PRESERVING AND PROMOTING HISTORICAL AND 
ARCHITECTURALLY SIGNERCANT STRUCTURES LOCATED 
ON THE PROPERTY; AND 

(U) A QUALIFIED CONSERVATION CONTRIBUTION, AS 

DEFINED IN THE INTERNAL REVENUE CODE, AFFECTING 
THE ENTIRE EXTERIOR OF THE PROPERTY HAS BEEN 
GRANTED TO A QUALIFIED HISTORICAL GROUP, AS 
DETERMINED BY THE BOARD. 



1386 



i 



1 998- 1 999 Session Ord. 99-547 



(B) Lot COVERAGE. 

The Board may grant a variance to authorize a lot coverage 
that is more than that otherwise allowed by the applicable 
regulation. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §11.0-3e2(a), (d), and (i). 

Defined terms: 

Board §1-118 May c/ §1-211 

Lot §1-154 Structure §1-193 

Lot area §1-155 



§ 15-203. Yards. 

The Board may grant a variance to authorize a yard or setback 
that is less than that otherwise required by the applicable 
regulation. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, § 1 1 .0-3e2(c). 

Defined terms: 

Board §1-118 Yard §1-198 

May c/ §1-211 



15-204. Heights and floor area ratios. 

(A) Heights. 

The Board may grant a variance to authorize a height that is 

MORE or less than THAT OTHERWISE ALLOWED BY THE APPLICABLE 

regulation. 



1387 



Ord. 99-547 1 998- 1 999 Session 



(B) Floor AREA RATIO. 

The Board may grant a variance to increase a basic floor area 

RATIO FACTOR BY NO MORE THAN 75% OF THE APPLICABLE REGULATION. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §1 1.0-3e2(e) and (f). 





Defined terms: 




Board 


§1-118 


Floor area ratio 


Floor area 


§1-144 


May 



§1-145 
c/ §1-211 



§ 15-205. {Reserved} 

§ 15-206. Gross fxoor area in B-1 District. 

In A B-1 DISTRICT, THE BOARD MAY GRANT A VARIANCE TO INCREASE BY 
NO MORE THAN 10% THE MAXIMUM GROSS FLOOR AREA OF ANY USE SO 
LIMITED. 

Revisor's Note 

This section is new language derived from Article 30, §1 1.0- 
3d3(g). The deviation authorized by former §1 1 .0-3d3(g) 
was one of the few authorized as a "special exception" 
without a variance counterpart. Accordingly, it is retained 
here notwithstanding the general repeal of the special 
exception process. See General Revisor's Note to this title. 

Defined terms: 

Board §1-118 May c/ §1-211 

Floorarea §1-144 Use §1-196 

§ 15-207. {Reserved} 

§ 15-208. Off-street parking — in general. 

(A) Distance FROM USE. 



1388 



1998-1999 Session Ord. 99-547 



The Board may grant a variance to increase by no more than 
50% the maximum distance between required off-street parking 
facelities and the use that they serve. 

(B) Number OF SPACES 

For USES OTHER THAN MARINAS, THE BOARD MAY GRANT A VARIANCE 
TO REDUCE BY NO MORE THAN 75% THE NUMBER OF OFF-STREET 
PARKING SPACES OTHERWISE REQUIRED BY THE APPLICABLE REGULATION. 

(c) Shared SPACES. 

For uses other than marinas, the Board may grant a variance 
to authorize the same off-street parking spaces to serve as 
required spaces for 2 or more uses, as long as the 2 or more 
users do not make substantial use of the spaces at 
approximately the same hours of the same days of the week. 

Revisor's Note 

Subsection (b) of this section is new language derived 
without substantive change from Article 30, §11.0-3e2(g). 

Subsections (a) and (c) of this section are derived from 
Article 30, §1 1.0-3d3(h) and (j). These deviations were 
among the few formerly authorized as "special exceptions" 
without variance counterparts. Accordingly, they are 
retained here notwithstanding the general repeal of the 
special exception process. See General Revisor's Note to 
this title. 

DeHned terms: 

Board §1-118 May c/ §1-211 

Manna §1-157 Use §1-196 



§ 15-209. Off-street parking — marinas. 

(A) Number of spaces — in general 

For MARINAS, THE BOARD MAY GRANT A VARIANCE TO REDUCE BY NO 
MORE THAN 50% THE NUMBER OF OFF-STREET PARKING SPACES 
OTHERWISE REQUIRED BY THE APPLICABLE REGULATION. 



1389 



Ord. 99-547 1 998- 1 999 Session 



(B) Number of spaces — accessory marinas. 

For accessory marinas, the Board may grant a variance to 
reduce by up to 100% the number of off-street parking spaces 

otherwise required by the APPLICABLE REGULATION, IF: 

( 1 ) ADEQUATE BINDING ASSURANCES ARE PROVIDED TO INSURE 
THAT USE OF THE MARINA SLIPS IS RESTRICTED TO OCCUPANTS 
OF PROPERTIES WITHIN 300 FEET OF A MARINA ENTRANCE; AND 

(2) THE PARKING REQUIREMENT FOR THE PRINCIPAL USE HAS NOT 
BEEN AND IS NOT LATER REDUCED BY VARIANCE. 

(c) Shared spaces with marinas. 

For marinas, the Board may grant a variance to authorize 
other uses to share no more than 50% of the number of off- 
street parking spaces required for the marina, if: 

( 1 ) substituted spaces, which may be off-site, are provided 
to meet the parking requirements for evidustrial or 
ofhce uses not otherwise reduced by variance; 

(2) the nearest boundary of the substituted spaces is 
within 300 feet of the nearest marina entrance being 
served; and 

(3) where leased spaces are to be used to satisfy parking 
requirements: 

(i) the lease is for a term of at least 20 years ; 

(n) the lease is approved by the director of 
Planning; and 

(III) A NEW conditional USE HEARING IS HELD EF THE 
LEASE IS NOT RENEWED OR EXTENDED. 

(D) Marina expansion 

before the board may authorize the expansion of a marina, the 
Board must find, in addition to all other findings required by 

1390 



1998-1999 Session 



Ord. 99-547 



THIS TITLE, THAT THE ENTIRE MARINA WILL MEET THE CURRENT PARKING 
STANDARDS IF THE NUMBER OF CUMULATIVE ADDITIONAL BOAT SLIPS 
EVER EXCEEDS 25% OF THE NUMBER OF SLIPS THAT WERE CONSTRUCTED 
OR FOR WHICH PERMITS HAD BEEN ISSUED ON OR BEFORE MAY 15, 1991 . 

Revisor's Note 

Subsections (b) through (d) of this section is new language 
derived without substantive change from Article 30, §1 1.0- 
3e2(j), (k), and (1). 

Subsection (a) of this section is derived from Article 30, 
§ 1 1 .0-3d3(i). This deviation was one of the few formeriy 
authorized as a "special exception" without (at least as 
applied to marinas) a variance counterpart. For non-marina 
uses, a 75% reduction is authorized by §15-208(b). For 
marina uses, however, this would be the only applicable 
provision. Accordingly, it is retained here notwithstanding 
the general repeal of the special exception process. See 
General Revisor's Note to this title. 

In subsection (b) of this section, the phrase "and is not later" 
is added to correct an apparent oversight. 

In subsections (b) and (c) of this section, the references to a 
"special exception" are deleted and, in subsection (c), a 
reference to "variance" is substituted. 

In subsection (d) of this section, the clause "in addition to 
all other [required] findings" is added for clarity. 





Defined terms: 






Board 


§1-118 


May 


c/ §1-211 


Expand 


§1-141 


Must 


c/ §1-211 


Marina 


§1-157 


Principal use 


§1-177 


Marina entrance 


§1-158 


Use 


§1-196 



15-210. {Reserved} 

15-211. Roomers. 

The Board may grant a varl^lnce to increase the number of roomers 
TO more than that otherwise allowed by the applicable regulation. 



1391 



Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 



This section is new language derived without substantive 
change from Article 30, §1 1.0-3e2(b). 





Defined terms: 


Board 


§1-118 


May 


c/ §1-211 



Roomer §1-184 



15-212. Front lot line by private ways. 

(A) In GENERAL 

( 1 ) For purposes of establishing front lot lines, the Board may 
grant a variance to reduce the 30-foot minimum-width 
requirement for private ways limited exclusively to 
pedestrian trafhc as provided in this section. 

(2) The variance may allow a reduction of not more than 5 

FEET for not MORE THAN 20% OF THE LENGTH OF THE PRIVATE WAY 
BETWEEN ANY TWO 2 INTERSECTING PUBLIC OR PRIVATE WAYS. 

(B) Application. 

The OWNERS of all property adjoining the PRIVATE WAY MUST JOIN 
IN THE APPLICATION TO THE BOARD FOR THE VARIANCE. 

(c) Required FINDINGS. 

In ADDITION TO ALL OTHER FINDINGS REQUIRED BY THIS TITLE, THE 

Board must find that the variance will promote planned group 
development of the land that binds on the private way, so that 
buildings adjoining the private way well be constructed or 
rehabilitated in a harmonious and architecturally attractive 
manner, to the end that the general welfare will be promoted 
by stabilizing and enhancing the economic values of all 
properties in the area and by providing an incentive for proper 
maintenance and elimination of obsolescence. 



392 



998-1999 Session 



Ord. 99-547 



(D) Referral to Planning. 

before it grants the variance, the board forwards the 
appucation to the department of planning for its report and 
recommendation in the same manner as provided in § 14-202 
{ "Referral to Planning" } and § 14-203 { "Planning report and 
recommendation" } , of this article for conditional uses. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"^ paragraph of Article 30, §13.0-2-52. 

Throughout this section, former references to "special 
exceptions" are deleted. See General Revisor's Note to this 
title. 

In subsection (a) of this section, the former reference to the 
variance being for the "entire length" of the way is deleted 
as inconsistent with the provision that limits the variance to 
20% of that length. 

In subsection (d) of this section, "Department of Planning" 
is substituted for "Planning Commission", in accordance 
with decades-long administrative practice. See also General 
Revisor's Note to Tide 2, Subtitle 1. 

Also in subsection (d), cross-references are added to the 
timing provisions governing reports and recommendations 
on conditional uses. As formerly drafted, without any time 
limit within which the Department must act, the Board 
would be forever precluded from acting unless it received a 
report and recommendation from the Department. 

Defined terms: 



Adjoining 

Board 

Building 



§1-104 
§1-118 
§1-121 



Lot 

Lot line 
May 



§1-154 

§1-156 

c/: §1-211 



§ 15-213. {Reserved} 



1393 



Ord. 99-574 1 998- 1 999 Session 



§ 15-214. Unusable lots. 

The Board may authorize any other variance from the terms of this 

ARTICLE IF, in ADDITION TO ALL OTHER FINDINGS REQUIRED BY THIS TITLE, 

THE Board finds as a matter of fact that: 

( 1 ) THE LOT CANNOT BE REASONABLY USED FOR ANY OF THE PERMITTED 
OR CONDITIONAL USES SET FORTH FOR THE ZONING DISTRICT IN 
WHICH IT IS LOCATED; 

(2) THE USE OR BULK REGULATIONS APPLICABLE TO THE LOT HAVE THE 
EFFECT OF DEPRIVING THE OWNER OF ALL REASONABLE USE OF THE 
LOT; AND 

(3) THE VARIANCE IS NECESSARY TO AVOID ARBITRARINESS. 

Revisor's Note 

This section is new language derived without substantive 
change from the T' sentence of Article 30, §1 1.0-3e2(h). 

In item (2) of this section, the reference to "bulk 
regulations" is added to correct an apparent oversight. 

The 2"** sentence of §1 1.0-3e2(h), calling for Board actions 
to be noted on the zoning maps, is deleted as obsolete. The 
Department advises that variances have never been noted on 
the zoning maps, nor does the agency have the ability to do 
so. 

Defined terms: 

Board §1-118 May c/ §1-211 

Lot §1-154 Use §1-196 



§ 15-215. {Reserved} 
§ 15-216. (Reserved} 



GE^fERAL Revisor's Note to Part 

In revising this Part I, Article 30, §1 1.0-3e2(m) has been 
deleted as obsolete. That provision, which refers to 



394 



1 998- 1 999 Session Ord. 99-547 



reducing the required distances between adult-entertainment 
and similar businesses, dates back to when those businesses 
were Board-authorized conditional uses. Now that these 
uses can only be authorized by ordinance, it would be 
anomalous to permit the Board to vary distance 
requirements imposed by ordinance. 

Part 11. Required Findings 

§ 15-217. In gentral. 

The Board may not grant a variance unless, after public notice and 
hearing, the board makes the following findings. 

Revisor's Note 

This section is new language derived without substantive 
change from portions of the introductory paragraphs of 
Article 30, §§11. 0-3e and 11. 0-5c. 

Defined terms: 

Board §1-118 May not c/ §1-211 

§ 15-218. Finding of unnecessary hardship or practical difficulty. 

The Board must find that, because of the particular physical 
surroundings, shape, or topographical conditions of the specific 
structure or land involved, an unnecessary hardship or practical 
difficulty would result, as distinguished from a mere 
inconvenience, if the strict letter of the applicable requirement 
were carried out. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, § 1 1 .0-5cl and portions of the 
introductory paragraph of§l 1.0-3e. 

As to the meaning of "unnecessary hardship" and the lesser 
standard "practical difficulty", see Anderson v. Board of 
Appeals, 22 Md.App. 28, 38-39 (1974). See also 75 Op. 
Att'y Gen. 360(1990). 



1395 



Ord. 99-547 1 998- 1 999 Session 



Defined terms: 



Board §1-118 Structure §1-193 

Must c/ §1-211 



§ 15-219. Other required findings. 

The Board must also find that: 

( 1 ) the conditions on which the application is based are unique 
to the property for which the variance is sought and are 
not generally applicable to other property within the same 
zoning classification; 

(2) the unnecessary hardship or practical difficulty is caused 
by this article and has not been created by the intentional 
action or inaction of any person who has a present interest 
in the property; 

(3) the purpose of the variance is not based exclusively on a 
desire to increase the value or income potential of the 
property; 

(4) the variance will not: 

(i) be injurious to the use and enjoyment of other 
property in the immediate vicinity; or 

(n) substantially diminish and impair property values in 
the neighborhood; 

(5) THE VARIANCE WELL NOT: 

(I) IMPAIR AN ADEQUATE SUPPLY OF UGHT AND AIR TO 
ADJACENT PROPERTY; 

(II) OVERCROWD THE LAND; 

(III) CREATE AN UNDUE CONCENTRATION OF POPULATION; 



1396 



1 998- 1 999 Session Ord. 99-547 

(iv) substantially increase the congestion of the 

STREETS; 

(V) CREATE HAZARDOUS TRAFFIC CONDITIONS; 

(VI) ADVERSELY AFFECT TRANSPORTATION 

(Vn) UNDULY BURDEN WATER, SEWER, SCHOOL, PARK, OR 
OTHER PUBLIC FAdLITIES; 

(Vm) INCREASE THE DANGER OF FIRE; OR 

(DC) OTHERWISE ENDANGER THE PUBLIC SAFETY; 

(6) THE VARIANCE WILL NOT ADVERSELY AFFECT: 

(I) ANY Urban Renewal Plan ; or 
(n) THE City's Master Plan; 

(7) THE VARIANCE WILL NOT OTHERWISE: 

(I) BE DETRIMENTAL TO OR ENDANGER THE PUBLIC HEALTH, 
SECURITY, GENERAL WELFARE, OR MORALS; OR 

(n) IN ANY WAY BE CONTRARY TO THE PUBLIC INTEREST; 

(8) THE VARIANCE IS IN HARMONY WITH THE PURPOSE AND INTENT OF 
THIS ARTICLE; AND 

(9) WITHIN THE PURPOSE AND INTENT OF THIS ARTICLE, THE VARIANCE 
GRANTED IS THE MINIMUM NECESSARY TO AFFORD RELIEF, TO WHICH 

END THE Board may permit a lesser variance than that 

APPLIED FOR. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §11.0-5c2 - 10 and portions of the 
introductory paragraph of § 1 1 .0-3e. 

In item (2) of this section, "or inaction" is added for clarity. 



1397 



Ord. 99-547 


1998-1999 Sr 




Defined terms: 




Adjacent 
Board 
Master Plan 
May 


§1-103 

§1-118 

§1-160 

c/ §1-211 


Must 
Person 
Street 
Use 



c/ §1-211 
§1-174 
§1-190 
§1-196 



Subtitles. Procedures 
15-301. Applications. 

(A) Who MAY APPLY. 

An application for a variance must be filed by the property 

OWNER or with THE WRITTEN CONSENT OF THE PROPERTY OWNER. 

(B) FiUNG WITH Administrator.. 

The APPLICATION MUST BE FILED WITH THE ZONING ADMINISTRATOR IN 
THE FORM THAT THE ZONING ADMINISTRATOR REQUIRES. 

(B) Contents. 

The APPLICATION MUST: 

( 1 ) be accompanied by the plans and information that the 
Board requires by general rule; and 

(2) include a written statement by the applicant, with 
adequate supporting evidence, showing how the 
proposed variance will conform to the standards set 
FORTH IN Subtitle 2 of this title. 

(c) Transmittal to Board. 

The Zoning Administrator must forward the application and 
all relevant information to the board. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, § 1 1 .0-3el . 



1398 



1 998- 1 999 Session Ord. 99-547 



Subsection (a) of this section is new language, patterned 
after the like provisions of §14-201 of this article and added 
for clarity. 

Defined terms: 

Board §1-118 Must c/ §1-211 

Includes; including §1-152 



§ 15-302. Imposition of conditions. 

(A) Board MAY IMPOSE. 

Before the Board grants any variance, it may impose on the 
establishment, location, construction, maintenance, and 
operation of the variance, any conditions, restrictions, or 
limitations that it considers necessary or desirable to: 

( 1 ) reduce or minimize any effect of the special exception 
or variance on other properties in the neighborhood; 

(2) secure compliance with the standards and 
requirements of this title; and 

(3) better carry out the intent and proposes of this 

ARTICLE. 

(B) Guarantees. 

The Board may require whatever evidence and guarantees that 
IT considers necessary to assure that the conditions, 
restrictions, and limitations imposed by it will be met and 
complied with. 

(c) Compliance REQUIRED. 

Failure to comply with any condition, restriction, or limitation 
imposed under this section constitutes a violation of this 

ARTICLE. 



1399 



Ord. 99-547 



1998-1999 Session 



Revisor's Note 

This section is new language that combines disparate 
elements of Article 30, §1 1.0-3d2, as applicable to special 
exceptions, and the last paragraph of §1 1.0-5c, as applicable 
to variances. 

In the introductory clause of this section, "or desirable" is 
added to conform to the similar reference in §13-709 of this 
article. 



DeHned terms: 

Board §1-118 



May 



c/ §1-211 



General Revisor's Note to Title 

Except as otherwise noted in this title, the provisions of 
Article 30 relating to special exceptions — primarily 
§§11 .0-3d and 1 1 .0-5b — have been deleted. 

Variances offer a wider range of potential deviations 
without, however, imposing any higher standard to be met. 
To the contrary: virtually the only difference between the 
two identically- worded sets of standards is that a "special 
exception" was stated to require a finding of "practical 
difficulty" while a more expansive variance could be had on 
a finding of "practical difficulty or unnecessary hardship". 

For the most part, then, the "special exception" has become 
wholly subsumed within the variance and, as most recently 
contained in Article 30, is superfluous at best. (A few 
deviations were authorized under Article 30 as "special 
exceptions" but not, inexplicably, also covered by the more 
liberal variance. These, of course, have been retained in this 
revision. See, e.g., §15-206 of this title.) 

This deletion also eliminates the confusing use of "special 
exception" to apply to two entirely different concepts. Cf. 
§3-103 of this article, referring to a conditional use as 
constituting a "special exception" within the meaning given 
that term by State Code Article 66B. 



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1998-1 999 Session Ord. 99-547 

Title 16 
Legislative Authorizations and Amendments 

Subtitle 1. Definitions; Scope 

§ 16-101. Definitions. 

(A) In GENERAL 

In this title, the following words have the meanings indicated. 
Revisor's Note 

This subsection is new language used as the standard 
introduction to a series of definitions. 

(B) LEGISIATIVE AUTHORIZATION 

"Legislative authorization" means any ordinance that approves, 
authorizes, or amends a prior approval or authorization 
relating to sPEcmc property, including: 

( 1 ) A CHANGE IN THE ZONING CLASSIFICATION OF ANY PROPERTY; 

(2) A CONDITIONAL USE; OR 

(3) A Planned Unit Development. 

Revisor's Note 

This subsection is new language added to provide a concise, 
uniform term for former references to, among other variants, 
an "amendment relating to specific properties", an 
"authorization for conditional use", and a "bill for a 
proposed amendment". 

Defined terms: 

Includes; including § 1 - 1 5 2 



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Ord. 99-547 



1998-1999 Session 



(c) Zoning LEGISLATION. 

"Zoning legislation" means: 

(1) ANY LEGISLATIVE AUTHORIZATION; AND 

(2) ANY AMENDMENT TO THIS ARTICLE. 

Revisor's Note 

This subsection is new language added for clarity and 
consistency. 

Defined terms: 

Legislative authorization § 1 6- 1 1 (b) 

§ 16-102. Scope of title. 

Except as otherwise specified, this title applies to all proposed 

ZONING legislation. 

Revisor's Note 

This section is new language added for clarity. 
Defined terms: 
Zoning legislation §16-101 

Subtitle 2. Special Requirements for Legislative Authorizations 
§ 16-201. Reapplication for previously denied rezoning. 

A bill proposing a change in the zoning CLASSmCATlON OF ANY 
PROPERTY MAY NOT BE INTRODUCED AT ANY TIME WITHIN 1 2 MONTHS AFTER 

THE City Council has denied that same reclassification of the same 

PROPERTY ON THE MERITS. 



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1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language added to reflect the 
requirements of State Code Article 66B, §2.05(c). 

Defined terms: 

May not c/ §1-211 

§ 16-202. Introductory statement of intent. 

(a) Statement required. 

On introduction of a bill proposing a legislative authorization, 
the applicant must submit a written statement that informs the 
City Council, the agencies to which the proposed ordinance is 

REFERRED, AND THE PUBLIC OF THE CHANGES SOUGHT AND INTENDED 
USES. 

(B) Contents. 

The STATEMENT MUST CONTAIN, AT A MINIMUM: 

( 1 ) A SUMMARY OF ALL CHANGES SOUGHT FOR THE PROPERTY ; 

(2) A DESCRIPTION OF ALL INTENDED USES OF THE PROPERTY; 

(3) THE DATE THE PROPERTY WAS PURCHASED AND THE APPLICABLE 
LAND RECORD REFERENCE; 

(4) A DESCRIPTION OF ANY CONTRACT THAT IS CONTINGENT ON THE 
PROPOSED LEGISLATIVE AUTHORIZATION AND THE NAMES AND 
ADDRESSES OF THE PARTIES TO THAT CONTRACT; AND 

(5) THE IDENTITY OF ALL PRINCIPALS FOR WHOM THE APPLICANT IS 
ACTING AS AN AGENT, INCLUDING THE NAMES OF THE MAJORITY 
STOCKHOLDERS OF ANY CORPORATION. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §1 1.0-6cl. 

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Ord. 99-547 



1998-1999 Session 



In subsection (a) of this section, "legislative authorization" 
is substituted for the former reference to an "amendment 
[for] specific properties or ... [an approval of a] conditional 
use", clarifying the application of this requirement to PUD 
ordinances as well. This comports with references to PUD 
ordinances in related provisions — e.g., former §1 1.0-6cla 
(now § 16-203 of this subtitle) — and administrative 
practice. 

In subsection (b)(4) of this section, "description" is 
substituted for "existence" for clarity. 



Defined terms: 

Includes; including § 1 - 1 5 2 

Legislative authorization §16-101 



Must 
Use 



c/ §1-211 
§1-196 



§ 16-203. Public notice of introduction. 

(A) Posting REQUIRED. 

The applicant for a legislative authorization must post notice 
of the requested authorization as specified in this section. 

(B) Notice TO APPLICANT. 

When the bill proposing the legislative authorization has been 
introduced, the clty council department of legislative 
Reference must notify the applicant of the introduction and of 
the posting requirement. 

(c) Where AND when to post. 

The NOTICE must be posted: 

( 1 ) IN A CONSPICUOUS PLACE ON THE PROPERTY IN QUESTION, 

(2) FOR AT LEAST 30 DAYS, BEGINNING WITHIN 1 WEEK OF THE 
NOTICE OF INTRODUCTION. 



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1 998- 1 999 Session Ord. 99-547 



(D) Form AND contents; fee. 

( 1 ) The Director of Legislative Reference must prepare and 
supply the sign on which the notice is to be posted. 

(2) Subject to the approval of the Board of Estimates, the 
Director may charge a fee for the sign and its installation. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, § 11 .0-6c 1 a. 

Formerly under §1 1.0-6cla, the posting was required to 
begin 1 week after the bill's introduction. Ofttimes, 
however, an applicant is unaware of the introduction until 
several days after the fact. Accordingly, this section has 
been revised to require notice to the applicant of the 
introduction and to require the posting to be made within a 
week of that notice. 

Defined terms: 

Legislative authorization §16-101 Must cf. §1-211 

May c/ §1-211 



Subtitle 3. Referrals and Required Findings 

§ 16-301. Referral to AGENaES. 

On introduction of a bill proposing any zoning legislation, the City 
Council must refer the bill to the following for their written 
reports and recommendations: 

(1) THE Board; 

(2) THE Planning COMMISSION; 

(3) FOR a bell INVOLVING HOUSING FOR THE ELDERLY, THE 
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT; AND 



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Ord. 99-547 1 998- 1 999 Session 



(4) ANY OTHER AGENCIES THAT THE PRESIDENT OF THE ClTY COUNCIL 
SPECIFIES. 

Revisor's Note 

Items (1) and (2) of this section are derived from Article 30, 
§11.0-6a, as to "amendments to this ordinance", from the 3'** 
sentence of §11.0-6d, as to conditional uses, and from the 
T"^ sentence of §12.0- lb, as to PUDs. 

Item (3) of this section is derived without substantive 
change from the 4*^ sentence of Article 30, § 1 1 , § 1 1 .0-6d. 

And item (4) of this section is derived from the 3"** sentence 
of Article 30, § 1 1 , § 11 .0-6d, applicable to conditional uses, 
and revised here to cover all zoning legislation. 

Defined terms: 

Board §1-118 Must c/ §1-211 

Housing for elderly § 1 - 1 5 1 Zoning legislation §16-101 



§ 16-302. Agency reports and recommendations. 

Within 100 days of the introduction of a bill proposing any zoning 
legislation, the agencies to which the bill has been referred the 
Board and the Planning Commission must submit their written 
reports and recommendations, together with their findings of fact 
and the reasons for those their recommendations, to the city 
Council with a copy to the Zoning Administrator. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1" sentence of Article 30, §1 1.0-6b. 

Defined terms: 

Must c/ §1-211 Zoning legislation §16-101 



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1 998- 1 999 Session Ord. 99-547 



§ 16-303. Required coNsroERAXiONS — Planned Unit Developments. 

For a bill proposing the approval or amended approval of a Planned 
Unit Development, the Board and Planning Commission must base 

THEIR recommendations TO THE COUNCIL ON THE CONSIDERATIONS 
REQUIRED BY TITLE 9 {"PLANNED UNIT DEVELOPMENTS"} OF THIS ARTICLE. 

Revisor's Note 

This section is new language added for clarity, as a 
counterpart to §16-305 of this subtitle governing rezonings. 

Defined terms: 

Board §1-118 Must c/ §1-211 

§ 16-304. Required considerations — conditional uses. 

For a BELL PROPOSING THE APPROVAL OR AMENDED APPROVAL OF A 
CONDITIONAL USE, THE BOARD AND PLANNING COMMISSION MUST BASE 
THEIR RECOMMENDATIONS TO THE COUNCIL ON THE CONSIDERATIONS 
REQUIRED BY TITLE 14 {"CONDITIONAL USES"} OF THIS ARTICLE. 

Revisor's Note 

This section is new language added for clarity, as a 
counterpart to § 1 6-305 of this subtitle governing rezonings. 

Defined terms: 

Board §1-118 Must c/ §1-211 

§ 16-305. Required considerations — rezonings. 

(A) In GENERAL. 

For a BEX proposing to change the zoning CLASSIFICATION OF ANY 
PROPERTY, THE BOARD AND PLANNING COMMISSION MUST BASE THEIR 
RECOMMENDATIONS TO THE COUNCIL ON THE CONSIDERATIONS 
REQUIRED BY THIS SECTION. 



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Ord. 99-547 1 998- 1 999 Session 



(B) Change TO BE IN PUBLIC INTEREST. 

The Board and the Planning Commission may not recommend 
the adoption of a proposed change in zoning classihcation 
unless they find that the adoption of the change is in the public 
interest and not solely for the interest of the applicant. 

(c) Addftional considerations. 

The Board and the Planning Commission must also consider the 
following matters: 

( 1 ) EXISTING USES OF PROPERTY WITHIN THE GENERAL AREA OF THE 
PROPERTY IN QUESTION; 

(2) THE ZONING CLASSIFICATION OF OTHER PROPERTY WITHIN THE 
GENERAL AREA OF THE PROPERTY IN QUESTION; 

(3) THE SUrTABELITY OF THE PROPERTY IN QUESTION FOR THE USES 
PERMITTED UNDER ITS EXISTING ZONING CLASSIHCATION; AND 

(4) THE TREND OF DEVELOPMENT, IF ANY, IN THE GENERAL AREA OF 
THE PROPERTY IN QUESTION, INCLUDING CHANGES, IF ANY, THAT 
HAVE TAKEN PLACE SINCE THE PROPERTY IN QUESTION WAS 
PLACED IN ITS PRESENT ZONING CLASSIHCATION. 

(D) Recommendation for alternative classification. 

The Board or the Planning Commission may recommend an 
amendment to change the zoning classihcation of the property 
in question to a classihcation other than the one requested by 
the applicant. 

Re VISOR'S Note 

This section is new language derived without substantive 
change from the 2'^ through 4*^ sentences of Article 30, 
§11.0-6b. 



I 



408 



1 998- 1 999 Session Ord. 99-547 



Deflned terms: 

Board §1-118 May not c/ §1-211 

Includes; including §1-152 Must c/ §1-211 

May c/ §1-211 Use §1-196 



Subtitle 4. Council Action 
16-401. Prerequisites FOR SECOND READING. 

(A) In GENERAL. 

The City Council may not place a bell proposing any zoning 
legislation on its second reading calendar until: 

( 1 ) except as specified in subsection (b) of this section, it has 
received written reports and recommendations from 
the agencies to \vhich the bell was referred the board 
AND THE Planning Commission : and 

(2) the bill has been considered by a committee of the clty 
Council, at a public hearing held in accordance with 
this subtitle. 

(B) Agency failure to report. 

( 1 ) If the B0ARD7 OR THE Planning Commission , or other agency 

TO \VHICH a BILL H.\S BEEN REFERRED FAELS TO SUBMIT ITS WRITTEN 

report and recommendations within the period specified d^j 
§ 16-302 {"agency reports and recommendations"} of this 
title, the city council may proceed without that report 
and recommendations. 

(2) However, the applicant may waive this time limit and 
consent to an extension of the reporting period by giving 
written notice of the waiver and consent to the president 
OF THE City Council, with copees to the Board, the Planning 
Commission, and the Zoning Administrator. 



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Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 

Subsections (a)(1) and (b)(1) of this section are derived 
without substantive change from Article 30, §1 1 .0-6c2. 

Subsection (a)(2) of this section is new language added for 
chronological clarity. 

Subsection (b)(2) of this section is new language derived 
from the last clause of the 2"'^ paragraph of Article 30, § 12.0- 
Ib, applicable to PUDs, and placed here to apply uniformly 
to all zoning legislation. 

Defined terms: 

Board §1-118 May not c/ §1-211 

May cf. § 1 - 2 1 1 Zon ing leg islation §16-101 



§ 16-402. Public notice and hearing. 

(A) Hearing REQUIRED. 

For a bell proposing any zoning legislation, the committee to 
which the bill has been referred must conduct a hearing at 

WHICH: 

( 1 ) THE PARTIES IN INTEREST AND THE GENERAL PUBLIC WILL HAVE 
AN OPPORTUNITY TO BE HEARD; AND 

(2) ALL AGENCY REPORTS WILL BE READ. 

(B) Public NOTICE. 

At least 1 5 DAYS' NOTICE OF THE TIME, PLACE, AND SUBJECT OF THE 
HEARING MUST BE GIVEN BY EACH OF THE FOLLOWING METHODS, AS 
APPLICABLE; 

( 1 ) FOR ALL ZONING LEGISLATION, BY PUBLICATION IN A NEWSPAPER 
OF GENERAL CIRCULATION IN THE CiTY; 

(2) FOR ANY LEGISLATIVE AUTHORIZATION, BY POSTING ON THE 
PROPERTY IN QUESTION; AND 



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1998-1 999 Session Ord. 99-547 



(3) for any change in the boundaries of a zoning district: 

(i) by posting at a place within the district as the 
Department of Planning designates; and 

(n) BY first class mail to THE PERSONS WHO APPEAR ON 
THE TAX RECORDS OF THE CiTY AS OWNERS OF THE 
PROPERTIES SUBJECT TO THE CHANGE. 

(C) RESPONSIBILrn FOR NOTICE. 

The NOTICES required by this section must be given by and at the 

EXPENSE OF: 

( 1 ) IN THE CASE OF A BILL PROPOSING ANY LEGISLATIVE 
AUTHORIZATION, THE APPLICANT FOR THAT AUTHORIZATION; 
AND 

(2) IN ALL OTHER CASES, THE CiTY COUNCIL. 

Revisor's Note 

This section is new language derived without substantive 
change from the T' sentence of Article 30, §1 1.0-6c3 and 
the related requirements of State Code Article 66B, §2.04. 

In subsection (b)(3) of this section, the Department of 
Planning is named as the entity to specify where the posting 
is to be made. This comports with administrative practice. 

Defined terms: 

Legislative authorization §16-101 Person §1-174 

Must c/ § 1 -2 1 1 Zoning legislation §16-101 



16-403. Amendments. 

(A) Rehearing REQUIRED. 

( 1 ) Except as specified in subsection (b) of this section, 

whenever a bell proposing any zoning legislation is amended 



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Ord. 99-547 1998-1999 SESSION 



after the public hearing, another public hearing must be 
held on the bill as amended. 

(2) The requirements of this subtttije for notice and for 

reading of agency reports apply to any additional hearing 
required by this section. 

(B) Exception. 

An ADDITIONAL HEARING IS NOT REQUIRED FOR: 

( 1 ) AN AMENDMENT MADE IN COMMITTEE; OR 

(2) ANY AMENDMENT THAT CONSISTS ONLY OF A CHANGE IN 
PUNCTUATION, GRAMMAR, OR SPELLING AND DOES NOT IN ANY 
WAY ALTER THE SUBSTANCE OF THE ORDINANCE. 

Revisor's Note 

Subsection (a) of this section is new language derived 
without substantive change from the 2"*^ and 3'** sentences of 
Article 30, §1 1.0-6c3. The defined term "zoning 
legislation" is used here for clarity, conforming to existing 
practice. 

Subsection (b) of this section is based on the 4"^ sentence of 
§1 1.0-6c3, which is susceptible to several variant readings. 
Literally, that sentence permits an exception only for an 
"amendment ... which consists only of a [typographical, 
nonsubstantive] change" — and, even then, only if that 
minor change were made "in Committee or by a 
Committee". Given the broader "'by a Committee", 
however, the phrase "m Committee" is redundant. And 
there would appear to be no reason why a technical, 
nonsubstantive correction must be made by the Committee 
and not, for example, by floor amendment on second 
reading. This revision, therefore, permits without additional 
hearing (i) any nonsubstantive correction, by whomever 
made, and (ii) any other amendment, even if substantive, 
that is made "in Committee" — i.e., at the public hearing (or 
continuation of that hearing) for which public notice already 
has been given. This reading comports with the provisions 
of Council Rule 822, which requires an additional hearing 
only for "a substantive amendment ... presented subsequent 
to the public hearing". 



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1 998- 1 999 Session Ord. 99-547 

Defined terms: 

Must c/ §1-211 Zoning legislation §16-101 

§ 16-404. TfflRD READING HOLD-OVER. 

(A) Conditional uses excluded. 

This section does not apply to a bill proposing a legislative 
authorization if the sole authorization being sought by that 
bill is for a conditional use. 

(B) Hold-over REQUIRED. 

After a bill proposing a legislative authorization receives a 
favorable vote of the city council on second reading, the bill 
may not be finally voted on by the city council until it has 
been placed on the third reading calendar as a hold-over item 
for at least 1 intervening session regular meeting of the clty 

COUNCIL. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, § 1 1 .0-6c4. 

The defined term "legislative authorization", coupled with 
an exception for conditional uses, is substituted for the 
former "amendments relating to specific properties" for 
clarity and consistency. 

Also, the former reference to the third-reading hold-over 
occurring at the "succeeding" meeting is deleted as 
unnecessarily (and, presumably, unintentionally) limiting. 

Defined terms: 

Legislative authorization §16-101 May not cf. §1-211 



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Ord. 99-547 1 998- 1 999 Session 



§ 16-405. Failure to approve constitutes denial. § 

A BELL proposing A LEGISLATIVE AUTHORIZATION IS CONSIDERED TO HAVE 

failed and the application denied if the city council fails to act 
finally on the bill within 1 2 months from the earlier of: 

( 1 ) the date of receiving the last of the required agency 
reports and recommendations; or 

(2) the last day of the reporting period, as set in § 1 6-302 

{ "Agency reports and recommendations" } of this title or as 

EXTENDED UNDER § 16-40 1(B) {"PREREQUISITES FOR SECOND 
READING: AGENCY FAILURE TO REPORT"}. 

Revisor's Note 

This section are new language derived without substantive 
change from Article 30, §1 1.0-6c5. 

The defined term "legislative authorization" is substituted 
for the former "proposed amendment" for clarity and 
conformity with existing practice. 

Item (2) of this section is new language added to close an 
(apparently) inadvertent gap. Arguably, as formerly drafted, 
the 1 2-month period would never begin to run if one or 
another agency failed to report. 

Deflned terms: 

Legislative authorization §16-101 



Title 17 
Enforcement and Penalties 

Subtitle 1. Action by Administrator 

§ 17-101. Notice of violation. 

(A) In GENERAL 



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1 998- 1 999 Session Ord. 99-547 



Whenever the Zoning Administrator learns of a violation of 
this article and does not resolve it informally and promptly, 
THE ZONING Administrator must issue a written notice to: 

( 1 ) THE OWNER OF RECORD OF THE PROPERTY, AS SHOWN ON THE 
TAX RECORDS OF BALTIMORE CiTY; AND 

(2) ANY OTHER PERSON AGAINST WHOM THE ZONING 
ADMINISTRATOR INTENDS TO PROCEED FOR THE VIOLATION. 

(B) Contents. 

The notice must: 

( 1 ) specify the nature of the violation; and 

(2) cite the provisions of this article that have been 
violated 

(C) How SERVED. 

All NOTICES MUST BE SERVED BY: 

(1) FIRST CLASS MAIL; OR 

(2) PERSONAL SERVICE BY AN AUTHORIZED REPRESENTATIVE OF 

THE City, which service must be certified on the records 
OF THE Zoning Administrator. 

Revisor's Note 

This section is new language derived without substantive 
change from the 4^^ sentence and the P' clause of the 1" 
sentence of Article 30, § 1 1 .0-2el . 

In the introductory clause of subsection (a) of this section, a 
reference to informal attempts at resolution is added to 
reflect administrative practice. Ofttimes, a well-placed, 
informal phone call can lead to prompt abatement of a 
violation. 

Subsection (a)(2) is new language added to correct a 
inadvertent omission and conform to administrative practice. 



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Ord. 99-547 1 998- 1 999 Session 



Although, ultimately, the owner of any propeny is 
responsible for violations involving that property, persons 
other than the owner might also well be responsible for the 
violation. 

Defined terms: 

Must c/ §1-211 Person §1-174 

§ 17-102. Documentation of violations in certain zones. 

The Zoning Administrator may issue a written notice in accordance 
WITH §17-101 { "Notice of violation" } of this subtitle on receipt of 2 

OR MORE separate STATEMENTS THAT: 

( 1 ) describe an unauthorized activity or use in a residential, 
Ofhce-Residential, B-1, B-2, or B-3 District; 

(2) give the date, time, and location at which the violation 
occurred; and 

(3) are signed by owners or lessees of different properties. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, § 1 1 .0-2e2. 

The Review Committee does not understand the purpose or 
import of this section. §17-101 r£<7M/re5 a notice under 
certain circumstances; certainly, neither that section nor any 
other in this article precludes a notice based on a complaint. 
This section, on the other hand, by authorizing a notice 
based on "2 or more" complaints and, then, only for certain 
districts, implies that complaints may not otherwise serve as 
a basis for a notice. 

Defined terms: 

May c/ §1-211 Use §1-196 



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1 998- 1 999 Session Ord. 99-547 



§ 17-103. Compliance with notice required. 

On receipt of a notice from the Zoning Administrator, the recipient 
must immediately take appropriate steps to correct the violation. 

Revisor's Note 

This section is new language derived without substantive 
change from the last clause of the I" sentence of Article 30, 
§11.0-2el. 

"Recipient" is substituted for "owner". See §17- 1 01 (a)(1) 
and accompanying Revisor's Note. 

Defined terms: 

Must c/ §1-211 



§ 17-104. Proceedings to secure compllvnce. 

If the recipient fails to correct the violation within a REASONABLE 

TIME, THE Zoning Administrator may initiate any civil (legal or 
equitable) or criminal action or proceeding necessary or 
appropriate to secure compliance with the applicable provisions of 
this article. 

Revisor's Note 

This section is new language derived without substantive 
change from the T^ sentence of Article 30, § 1 1 .0-2el . 

"Recipient" is substituted for "owner". See §17- 101 (a)(1) 
and accompanying Revisor's Note. 

Defined terms: 

May c/ §1-211 



§ 17-105. abatement certificate. 

When compliance is secured, the Zoning Administrator must issue 

AN abatement CERTEFICATE that CERTIFIES COMPLIANCE. 



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Ord. 99-547 1 998- 1 999 Session 



Revisor's Note 

This section is new language derived without substantive 
change from the 3"^ sentence of Article 30, §11.0-2el. 

"Abatement certificate" is substituted for the former 
reference to an "occupancy certificate". As seen in Title 2, 
Subtitle 4 of this article, the latter, there renamed "use 
permit", serves a different purpose entirely. 

Defined terms: 

Must c/ §1-211 



Subtitle 2. Administrative Appeals 
§ 17-201. Who may appeal. 

A DECISION OF THE ZONING ADMINISTRATOR, INCLUDING THE ISSUANCE A 
VIOLATION NOTICE UNDER SUBTITLE 1 OF THIS TITLE, MAY BE APPEALED TO 

THE Board BY: 

( 1 ) ANY PERSON AGGRIEVED BY THE DECISION; OR 

(2) ANY OFnCER, DEPARTMENT, BOARD, OR BUREAU OF THE CiTY 
AFFECTED BY THE DECISION. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1" and 3"^ sentences of Article 30, §1 1.0-2f 
and from the 1 " sentence of § 1 1 .0-3j 1 . 

Defined terms: 

Board §1-118 May c/ §1-211 

Includes: including §1-152 Person §1-174 

§ 17-202. When and how taken. 

(A) When TAKEN. 



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1 998- 1 999 Session Ord. 99-547 



The notice of appeal must be filed as follows: 

( 1 ) in the case of a violation notice, within 1 working days 
of the date the notice was served; and 

(2) in the case of any other decision, within 1 WORKING DAYS 
of the DATE on WHICH NOTICE OF THE DECISION WAS GIVEN. 

(B) How TAKEN. 

The notice of appeal: 

( 1 ) must be filed with the zoning administrator, in the 
form that the board rules require; and 

(2) must specify the grounds for the appeal, 
(c) transmrual of records. 

On RECEIPT OF A NOTICE OF APPEAL, THE ZONING ADMINISTRATOR MUST 
FORTHWITH TRANSMIT TO THE BOARD ALL OF THE PAPERS THAT 
CONSTITUTE THE RECORD OF THE ACTION APPEALED FROM. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"^ sentence of Article 30, § 1 1 .0-2f and 
from the 2"*^ and 3'" sentences of § 1 1 .0-3j 1 . 

Subsection (a)(2) is new language added to fill an 
inexplicable gap. 

Defined terms: 

Board §1-118 Must c/ §1-211 

17-203. Stay OF PROCEEDINGS. 

(A) Appeal STAYS PROCEEDINGS. 



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Ord. 99-547 1 998- 1 999 Session 



Except as specified in subsection (b) of this section, an appeal 
stays all proceedings in furtherance of the action appealed 
from, if ms timely filed and pursued. 

(B) Exception in case of imminent peril 

If the Zoning Administrator certifies to the Board that, by 
reason of facts stated in the certification, a stay would, in his 
or her opinion, cause imminent peril to life or property, the 
proceedings are not stayed, unless otherwise ordered by the 
Board or, on application to a court of competent jurisdiction, 

WITH notice to the ZONING ADMINISTRATOR, BY THE COURT ON GOOD 
cause SHOWN. 

Revisor's Note 

This section is new language derived without substantive 
change from the P' paragraph of Article 30, §1 1.0-3J2. 

Deflned terms: 

Board §1-118 



§ 17-204. Decision of Board. 

(A) Board TO ISSUE. 

Without unreasonable delay, the Board must render its 

DECISION in writing, SETTING FORTH ITS FINDINGS OF FACT AND 
CONCLUSIONS OF LAW. 

(B) Board POWERS. 

( 1 ) In EXERCISING ITS POWERS OF REVIEW, THE BOARD: 

(I) MAY REVERSE OR AFFIRM, WHOLLY OR IN PART, OR MODIFY 
THE DECISION APPEALED FROM; AND 

(II) MAY MAKE ANY ORDER, REQUIREMENT, DECISION, OR 
DETERMINATION AS OUGHT TO BE MADE. 



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998- 1 999 Session Ord. 99-547 



(2) For these purposes, the Board has all the powers conferred 

BY this article ON THE ZONING ADMINISTRATOR. 

Revisor's Note 

This section is new language derived without substantive 
change from the T^ paragraph of Article 30,§1 1.0-3J2. 

In subsection (a) of the section, the standard requirement for 
"findings of fact and conclusions of law" is substituted for 
the former reference to "reasons". 

Defined terms: 

Board §1-118 Must c/ §1-211 

May c/ §1-211 



Subtitles. Judicial Review 

§ 17-301. Final administrative decision. 

All decisions and fint)Ings of the Board that are made on appeals, 
ON application for conditional uses or variances, and in all other 
matters on which the Board is required to act after public notice 
and hearing, are final administrative decisions, subject to judicial 

REVIEW. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §1 1.0-3k. 

Defined terms: 

Board §1-118 

§ 17-302. Who MAY APPEAL. 

a final administrative decision of the board may be appealed to the 
Circuit Court for Baltimore Cfty by: 

( 1 ) any person aggrieved by the deqsion; 

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Ord. 99-547 1998-1 999 SESSION 

(2) ANY OFFICER, DEPARTMENT, BOARD, OR BUREAU OF THE CiTY; OR 

(3) ANY TAXPAYER. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1" clauses of Article 30, §1 1.0-311. 

Defined terms: 

Board §1-118 Person §1-174 

May c/ §1-211 

§ 17-303. When and how taken. 

(a) In general. 

The appeal must be taken within the time and in the manner 
required by law and the maryland rules of civil procedure. 

(B) Copy to Board and Administrator; notice to Solicttor. 

(1) Before THE APPEAL IS FILED WITH THE COURT, THE appellant 

must file a copy with the board and the zoning 
Administrator. 

(2) The Board must promptly notify the City Solicitor of the 
filing of every appeal. 

Revisor's Note 

This section is new language derived without substantive 
change from the 1" sentence of Article 30, §11. 0-312 and 
from the V and 2"^ sentences of §1 1.0-315. 

Defined terms: 

Board §1-118 Must c/ §1-211 



1422 



1 998- 1 999 Session Ord. 99-547 

§ 17-304. Stay of proceedings. 

(A) No AUTOMATIC STAY. 

An appeal does not stay the proceedings from which the appeal 

IS TAKEN. 

(B) Restraining ORDER. 

On MOTION AND HEARING, THE COURT MAY GRANT A STAY ON GOOD 
CAUSE SHOWN, SUBJECT TO THE CONDITIONS OF BOND OR OTHERWISE 
THAT THE COURT CONSIDERS PROPER. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2'^ sentence of Article 30, § 11 .0-312 and, as 
to the reference in subsection (b) to "conditions of bond...", 
Maryland Rule 7-205. 

Defined terms: 

May c/ §1-211 

General Revisor's Note to Subtitle 

In revising this subtitle, former Article 30, §1 1.0-313, §1 1.0- 
314, and the last 2 sentences of § 1 1 .0-315 have been deleted. 
The matters covered by these provisions — record on 
appeal, additional testimony, court decision, and appellate 
review — are all adequately covered by or, to the extent they 
differ, are superseded by the Maryland Rules and State 
Court Article 66B. 

Subtitle 4. Enforcement by Civil Citation 

§ 17-401. In GENERAL. 

In ADDITION TO ANY OTHER CIVIL OR CRIMINAL REMEDY OR ENFORCEMENT 
PROCEDURE, THE FOLLOWING PROVISIONS OF THIS ARTICLE MAY BE ENFORCED 
BY ISSUANCE OF AN ENVIRONMENTAL CITATION AS AUTHORIZED BY CiTY 

Code ARTICLE 1, §§ 295 through 308 { "Environmental Control 
Board"}: 



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Ord. 99-547 1 998- 1 999 Session 

( 1 ) § 2-402 { "Use permit required" } . 

(2) § 3-107 {"Prohbited uses — storage, etc., of vehicles"}. 

Revisor's Note 

This section is new language added to recognize the 
inclusion of the listed sections within the purview of the 
City Code provisions that authorize the use of civil 
"environmental citations" for various offenses. 

Defined terms: 

City Code §1-125 May c/ §1-211 

§ 17-402. Process not exclusive. 

The issuance of an environmental citation to enforce the provisions 
listed in § 17-401 {"In general"} of this subtitle does not preclude 
pursuing any other civil or criminal remedy or enforcement action 
authorized by law. 

Revisor's Note 

This section is new language added for clarity. See also City 
Code Article 1,§307. 

Subtitle 5. Criminal Penalties 

Part I. In General 

§ 17-501. PROfflBITED CONDUCT. 

No PERSON MAY: 

( 1 ) VIOLATE ANY PROVISION OF THIS ARTICLE OR OF ANY NOTICE OR 
ORDER ISSUED UNDER THIS ARTICLE; 

(2) REFUSE, NEGLECT, OMIT, OR OTHERWISE FAIL TO COMPLY WITH ANY 
PROVISION OF THIS ARTICLE OR OF ANY NOTICE OR ORDER ISSUED 
UNDER THIS ARTICLE; OR 



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1 998- 1 999 Session Ord. 99-547 



(3) RESIST THE ENFORCEMENT OF ANY PROVISION OF THIS ARTICLE OR OF 
ANY NOTICE OR ORDER ISSUED UNDER THIS ARTICLE. 

Revisor's Note 

This section is new language derived from the enumerated 
conduct in the 1" clause of Article 30, §1 1.0-7a. 

References to violations, etc., of a "notice or order issued 
under this article" are added for clarity. 

Defined terms: 

No...may c/ §1-211 Person §1-174 

§ 17-502. Violation a misdemeanor. 

Any PERSON WHO VIOLATES, FAILS TO COMPLY WITH, OR RESISTS THE 
ENFORCEMENT OF ANY PROVISION OF THIS ARTICLE OR OF ANY NOTICE OR 
ORDER ISSUED UNDER THIS ARTICLE IS GUILTY OF A MISDEMEANOR AND, ON 
CONVICTION, IS SUBJECT TO THE PENALTIES SPECIFIED IN THIS SUBTITLE. 

Revisor's Note 

This section is new language derived from the misdemeanor 
reference in the P' clause of Article 30, §1 1.0-7a. 

Reference to violations, etc., of a "notice or order issued 
under this article" is added for clarity. 

Defined terms: 

Person §1-174 



§ 17-503. Each day after notice a separate offense. 

Each day that a violation continues after written notice from the 
Zoning Administrator constitutes a separate offense. 

Revisor's Note 

This section is new language derived from the 2"^ sentence 
of Article 30, §11. 0-7a. 

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Ord. 99-547 1 998- 1 999 Session 



As formerly drafted, the applicability of this rule to the 
separately stated provisions governing "occupancy 
certificates" (now "use permits") was uncertain. Its 
placement here clarifies its applicability to all continuing 
violations of this article. 

§ 17-504. {Reserved} 

§ 17-505. {Reserved} 

Part II. Penalties Enumerated 

§ 17-506. Basic penalty: $500. 

Except as otherwise specified in this subtitle, the penalty for a 
violation is a fine of not more than $500 for each offense. 

Revisor's Note 

This section is new language derived without substantive 
change from the 2"** clause of Article 30, § 1 1 .0-7a. 

The former minimum penalty of $25 is deleted to conform to 
the policy in State Code Article 27, §643, which states the 
general rule that, notwithstanding a statutory minimum 
penalty, a court may impose a lesser penalty of the same 
character. 

§ 17-507. Failure to obtain use permit: $500 and 30 days. 

For occupying or using any land or structure in violation of § 2-402 
{"Use permit required"} of this article after written notice from 
THE Zoning Administrator, the penalty is a fine of not more than 

$500 or imprisonment for not more than 30 DAYS OR BOTH FINE AND 

imprisonment for each offense. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §1 1.0-7b. 

The former fine of $300 is changed to $500 to correct an 
apparent oversight. The inclusion here of a potential prison 



1426 



1 998- 1 999 Session Ord. 99-547 



sentence was clearly a recognition of the centrality of §2- 
402 to the enforcement of this article. The fine amount, 
accordingly, should at least equal the basic amount imposed 
under §17-506 

Defined terms: 

Structure §1-193 Use §1-196 

§ 17-508. Alcoholic beverage advertising signs: $1,000. 

For violating any provision of § 1 1-207 {"Alcoholic beverage 
advertising signs") of this article, the penalty is a fine of not more 

THAN $1 ,000 FOR each OFFENSE. 

Revisor's Note 

This section is new language derived without substantive 
change from the 3"** clause of Article 30, § 1 1 .0-7a. 

§ 17-509. Cigarette advertising signs: $1,000. 

For violating any provision of § 1 1-208 ("Cigarette advertising 
signs") of this article, the penalty is a fine of not more than $ 1 ,000 

FOR EACH offense. 

Revisor's Note 

This section is new language derived without substantive 
change from the 4'*' clause of Article 30, § 1 1 .0-7a. 

Section 3. And be it further ordained. That the Laws of Baltimore 
read as follows: 

Baltimore City Code 

Article 1 
Mayor, City Counol, and MuNiaPAL agencies 



Subtitie — City CouncU 



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Ord. 99-547 1 998- 1 999 Session 



3. [Same;] ORDINANCES — form, procedure[,]; [procedure, as evidence] 
ANNUAL VOLUMES LEGALIZED. 

(a) Form AND PROCEDURE. 

(1) General 

Every ordinance and resolution of the Mayor and City Council of 
Baltimore, when delivered to the Mayor for [his] approval, duly 
authenticated as required by Article IV, [Section] § 5 of the City 
Charter [(1964 Edition)], shall have indicated [thereon] ON rr the 
date of each reading [and the page of the Council Journal showing 
each reading. There shall also be indicated thereon the number of 
yeas and nays on third reading and final passage. If the ordinance 
is referred to the Board of Estimates, there shall also be indicated 
thereon the date of such reference and the date of its return to the 
Council and the action of the Board thereon]. [If the ordinance is 
one providing for a change of zoning boundaries and a protest is 
filed against the passage of said ordinance, there shall be attached a 
certificate from the Planning Commission showing whether or not 
the owners of twenty percent (20%) or more, either of the area of 
the lots included in such proposed change, or of those immediately 
in the rear thereof, or of those directly opposite thereto, have 
protested, thereby requiring a favorable vote of three-fourths of all 
the members of the City Council, as required by Section 5 of 
Article 66B of the Annotated Code of Maryland (1957 Edition).] 

(2) Ordinance requiring pubucation. 

If the ordinance is one requiring publication OF NOTICE, the Chief 
Clerk shall attach a certificate from the publisher of each newspaper 
in which [publication] NOTICE was [made] published, stating the 
number of times and the dates when [such] THE notice was 
published [in his paper], which certification shall have pasted 
[thereon] ON it a printed copy of the notice so published. 

Revisor's Note 

In conjunction with the enactment of a new Zoning Article, 
this §3(a) was amended to delete an obsolete procedure for 
cases when a super-majority vote is "required by Section 5 
of Article 66B" of the State Code. The Stale law had been 



428 



1 998- 1 999 Session Ord. 99-547 



amended in 1 970 to delete the requirement for a super- 
majority vote. See Article 66B, §2.05. In addition, the 
amendment clarified, conformed, and corrected certain 
language and deleted certain other, also obsolete provisions 
dealing with information given on ordinances and 
resolutions. 

Subtitle — Commission for Historical and Architectural Preservation 

§ 40. Created; powers and duties. 

(j) Procedure for designating Historical and Architectural Preservation 
Districts. 

( 1 ) Commission to propose. 

[The Commission is hereby authorized and empowered upon] On 
recommendation of the Planning Commission of the Mayor and 
City Council of Baltimore and after making a full and proper study, 
[to] THE Commission may designate any area within the limits of 
Baltimore City (except the Mount Vernon Historical and 
Architectural Preservation District as [hereinafter] provided for IN 
THIS SECTION) as a proposed Historical and Architectural 
Preservation District and [to] determine the boundary lines of any 
such District. 

(2) Introduction of proposed ordinance. 

After [any such] AN area has been so designated and [the] ITS 
boundary lines [thereof] have been determined [as aforesaid], the 
Commission shall prepare an ordinance [in such manner and form 
as] to set forth [the area, and] the boundary lines [thereof, which] 
OF THE AREA THAT it recommends be declared an Historical and 
Architectural Preservation District[,] and cause [such] THAT 
ordinance to be introduced in the City Council for appropriate 
action. 

(3) Hearing. 

[No such] The ordinance [shall] may not be passed [upon] by the 
City Council until the {City Council]-RP has given notice that the 
[particular] proposal is pending and has held a hearing [thereon,] 



1429 



Ord. 99-547 1 998- 1 999 Session 



ON IT. [following for] For this purpose, THE Commission shall 
COMPLY WITH the [requirements for] notice and hearing 
requirements [contained in Article 30 of the Baltimore City Code, 
titled "Zoning," as in the case of proposals to change zoning 
classifications thereunder] OF Zoning Code Title 16 
{"Legislative Authorizations and Amendments"} for 

PROPOSED changes IN ZONING CLASSIHCATIONS. 

(4) Ordinance REQUIRED. 

No area [shall be deemed to be] MAY BECOME an Historical and 
Architectural Preservation District unless [and until] it has been so 
designated by an ordinance passed by the City Council. 

(1) Landmark List PROCEDURE. 

( 1 ) Commission to propose; Planning Commission to review. 

The Landmark List as compiled by the Commission, and any 
subsequent additions [thereto] TO IT, shall be foi-warded to the 
Planning Commission [of Baltimore City] and, [upon] ON 
recommendation of the Planning Commission, shall be submitted to 
the City Council for approval. 

(2) Hearing. 

[No such] This approval [shall] may not be given by the City 
Council until it THE CiTY COUNCIL has given notice that the 
proposal is pending and has held a hearing [thereon,] ON rr. 
[following for] FOR this purpose, THE COMMISSION SHALL COMPLY 
WITH the [requirements for] notice and hearing REQUIREMENTS 
[contained in Article 30 of the Baltimore City Code, titled 
"Zoning," as in the case of proposals to change zoning 
classifications thereunder] OF ZONING CODE TITLE 16 
{"Legislative Authorizations and Amendments"} for 
proposed changes in zoning classercations. 

(3) Council APPROVAL required. 

No structure [will be deemed to] MAY be included in the Landmark 
List unless [and until] it has been so designated by approval of the 
City Council. 

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1998-1999 Session 



Ord. 99-547 



Revisor's Note 

In conjunction with the enactment of a new Zoning Article, 
this §40(j) and (1) was amended to conform references to the 
new article and to clarify, conform, and correct related 
language. 

Subtitle — Environmental Control Board 

308. Violations to which subtitle applies. 

(e) Provisions and penalties enumerated. 

[(5) Article 30. Zoning Code 

§ 4.0- Id. Residence Districts — 

prohibited uses; outdoor storage or 
maintenance of certain vehicles 



$ 50 



§ 5.0-ld. Office-Residence District — 
prohibited uses; outdoor storage or 
maintenance of certain vehicles 



$ 50 



§ 6.0-ld. Business Districts — 

prohibited uses; storage or maintenance 
of certain vehicles 



$ 50 



§ 1 1 .0-2d. Use of land or structure without 

proper occupancy certificate or use permit $ 500] 

[(6)] (5) Article 32. Building Code 

§3409.1.11. Ratproofmg $ 25 

§ 3409.2 -.4. Sanitary maintenance — 

General; Exteriors; Interiors $ 50 



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Ord. 99-547 



1998-1999 Session 



§ 3409.5. Sanitary Maintenance — 
responsibilities of occupants 

Residential properties 

Commercial properties 

(6) Zoning Code 

§ 2-402. Use permit required 

§ 3-107. Prohibited uses — 
storage, etc., of vehicles 

Revisor's Note 

In conjunction with the enactment of a new Zoning Article, 
this §308(e) was amended to conform references to the new 
article. 

ARTICLE 7 

Floodplain Management 

Subtitle — Regulatory Provisions 
§ 4. Establishment of floodplain district 

(a) City to estabush; sources. 



$ 50 
$100 

$500 
$ 50 



( 1 ) The City shall establish a floodplain district and an official 
floodplain map to include all areas subject to inundation by the 
waters of the 100-year flood. 

(2) The source of this delineation shall be at a minimum, data contained 
in the most recent flood insurance study for Baltimore City, and 
illustrated in the "Flood Insurance Rate and Flood Boundary 
Maps". The Flood Insurance Rate (FIRM) Maps illustrate both the 
100- year floodplain boundaries and the floodway boundaries. 

(3) The floodplain district and the official floodplain map [shall be 
deemed] are an overlay on any [existing, and hereafter established, 
zones or] ZONING districts [within Baltimore] IN THE City, [in 



1432 



1 998- 1 999 Session Ord. 99-547 



accordance with the Zoning Ordinance of Baltimore City] AS 

PROVIDED IN THE ZONING CODE OF BALTIMORE CiTY. 

(4) The [one hundred] 100-year [(100)] flood elevation, as determined 
in the Flood Insurance Study, is graphically delineated on the 
official floodplain maps. The graphic delineation should [only] be 
used ONLY as an approximate guide to actual field conditions. 
Where actual field-surveyed elevations disagree with map 
boundaries, the surveys [shall] prevail in issuing permits. 

Revisor's Note 

In conjunction with the enactment of a new Zoning Article, 
this §4(a) was amended to conform references to the new 
article and to clarify, conform, and correct related language. 

Article 13 
Housing and Urban Renewal 

Subtitle — Baltimore Housing Authority 
§ 19. Engineering principles for construction. 

(A) In GENERAL. 

Permission [be and the same] is [hereby] granted to the Housing 
Authority of Baltimore City, in the construction of its Housing 
projects, to use the following engineering principles: 

(B) Class A controlled concrete. 

(1) All controlled concrete of Class A, designated as 3,000 lbs. 
concrete, shall be composed of 1 part Portland Cement, 2.2 parts 
fine aggregate, and 3.5 coarse aggregate, using only sufficient 
water to produce a 3,000 lb. concrete. 

(2) Design working stresses for Class ["A"] A concrete shall may 
not exceed: 

Extreme fiber stress in compression 1,200 lbs. per sq. in. 



1433 



Ord. 99-547 1 998- 1 999 Session 



Extreme fiber stress in compression 

at supports 1 ,350 lbs. per sq. in. 
Beam concrete shear (special anchorage) 270 lbs. per sq. in. 

Footing shear (special anchorage) 90 lbs. per sq. in. 

Punching shear 180 lbs. per sq. in. 

Bond in beams and slabs 150 lbs. per sq. in. 

Bond in footing 150 lbs. per sq. in. 

(3) Where special anchorage is used, bond value may be increased 
[one and one-half] Wi times. 

(c) Class B controlled concrete. 

(1) [(2)1 Controlled concrete of Class B, designated as 2,500 lbs. 
concrete, shall be composed of: 1 part of Portland Cement, [2 Vz ] 
2.5 parts of fine aggregate and [SVi ] 3.5 parts of coarse aggregate. 

(2) Design working stresses for Class B concrete [shalll may not 
exceed: 

Extreme fiber stress in compression 1,000 lbs. per sq. in. 
Extreme fiber stress in compression 

at supports 1 , 1 25 lbs. per sq. in. 
Beam concrete shear (special anchorage) 150 lbs. per sq. in. 

Footing shear 80 lbs. per sq. in. 

Punching shear 150 lbs. per sq. in. 

Bond in beams and slabs 150 lbs. per sq. in. 

Bond in footings 80 lbs. per sq. in. 

(D) CiASS C controlled concrete. 

(1) [(3)1 All controlled concrete of Class C, designated as 2,000 lb. 
concrete, shall be composed of 1 part Portland Cement, 2.5 parts 
fine aggregate, AND 3.5 parts coarse aggregate, using only sufficient 
water to produce a 2,000 lb. concrete. 

(2) Design working stress for Class C concrete [shall] MAY not exceed: 

Extreme fiber stress in compression 800 lbs. per sq. in. 

ExU-eme fiber sU-ess in compression 
AT supports 900 lbs. per sq. in. 



1434 



1 998- 1 999 Session Ord. 99-547 



Beam concrete shear (special anchorage) 180 lbs. per sq. in 

Footing shear 60 lbs. per sq. in 

Punching shear 150 lbs. per sq. in 

Bond in beams and slabs 100 lbs. per sq. in 

Bond in footings 75 lbs. per sq. in 

(3) Where special anchorage is used, bond value may be increased one 
and one-half times [:]. 

(E) Measurements. 

(1) [(4)] The unit of measure [shall be] is the cubic foot. [Ninety-four] 
94 pounds of cement [shall be] IS considered [one] 1 cubic foot. 

(2) Aggregate shall be measured in a dry rodded condition. Fine and 
coarse aggregate shall be measured separately by volume. 

(3) The maximum slump of the concrete, [classes] CLASSES A, B and 
C, shall be 4 inches. All concrete shall be mechanically vibrated. 

(F) Unit STRESSES; GRADE. 

(1) [(5)] The unit stresses for reinforcing steel shall not exceed 20,000 
lbs. per sq. in. in tension cind 18,000 lbs. per sq. in. in compression 
in columns. 

(2) Steel to be used shall be intermediate grade, new billet stock. 

(G) Reinforced CONCRETE DESIGN. 

[(6)] The reinforced concrete design shall [ be in accordance] COMPLY 
with formulae and requirements of the Progress Report of Joint 
Committee on Standard Specifications for concrete and reinforced 
concrete dated January, 1937. 

(H) Special inspector required. 

A special concrete inspector, approved by the Buildings Engineer and 
under his supervision, shall be employed by and at the expense of the 
owner, at all times when concrete is being placed. 



1435 



Ord. 99-547 1 998- 1 999 Session 



(I) Crn SUPERVISION. 

But in all other respects, [said] THESE buildings shall be erected under 
the supervision of the Bureau of Buildings of Baltimore City, in 
accordance with the City Building [Laws] and Zoning [Ordinance] 
Codes [of said City]. 

Revisor's Note 

In conjunction with the enactment of a new Zoning Article, 
this §19 was amended to conform references to the new 
article and to clarify, conform, and correct related language. 

Subtitie — Department of Housing and Community Development 

§ 25. Adoption and approval of plan. 

(d) Enabling ordinances. 

(1) The Department of Housing and Community Development may 
[make recommendations] RECOMMEND to the City Council [for] the 
passage of an ordinance [or ordinances] approving any renewal plan 
or a conservation plan when required by subsection (b) of this 
section, which the Department of Housing and Community 
Development has adopted. 

(2) [No such] This ordinance [shall] may not be passed until after a 
public hearing [in relation thereto,] at which parties in interest and 
citizens [shall] have HAD an opportunity to be heard. Notice of 
[such] THE hearing shall be given by posting notice in the 
neighborhood of the area involved at least [ten (10)] 10 days [prior 
to] BEFORE the hearing and by publication once a week for [two] 2 
consecutive weeks in a newspaper of general circulation in 
Baltimore City. 

(3) The notice shall: 

(i) contain the time, date, place, and purpose of the hearing, 

(ii) [shall] generally identify the area covered by the renewal plan 
or conservation plan. 



1436 



1 998- 1 999 Session Ord. 99-547 



(iii) [shall] outline the general scope of the renewal project [or 
projects] or [the] conservation project [or projects] under 
consideration, and 

(iv) [shall] state that the documents comprising the renewal plan or 
conservation plan are available for inspection at a place 
designated in [said] THE notice. 

(4) The public hearing may be adjourned from time to time without 
further notice. 

(5) Amendments to a renewal plan or conservation plan proposed as a 
result of a public hearing [shall] DO not require further notice or 
additional hearings, but all [such] PROPOSED amendments shall be 
referred to the Department of Housing and Community 
Development and to the Director of the Department of Planning for 
study, and the [department] Department and the [director] 
Director shall report to the City Council their recommendations 
with respect to [such proposed amendments] THEM. 

(6) Any change in the Zoning [Ordinance] CODE embodied in a 
renewal plan or a conservation plan shall be approved by ordinance 
in accordance with the procedural requirements of Article [66-B] 
66B of the [Annotated] State Code [of Maryland (1957 Edition) as 
it now exists or as it hereafter may be amended]. 

Revisor's Note 

In conjunction with the enactment of a new Zoning Article, 
this § 25(d) was amended to conform references to the new 
article and to clarify, conform, and correct related language. 



Subtitle — Rental Units in Flood Plains 

§ 59. Definitions. 

(a) "Flood plain" means a floodwav, floodwav fringe, 

approximated flood plain, harbor flood zone, or shallow 
flood zone as defined and described in [Article 30, 



1437 



Ord. 99-547 1 998- 1 999 Session 



Chapters 3B and 13 of the Baltimore City Code (1976 Edition, as 
amended)] TITLE 8, SUBTITLE 2 OF THE ZONING Code of 
Baltimore City. 

Revisor's Note 

In conjunction with the enactment of a new Zoning Article, 
this § 59(a) was amended to conform references to the new 
article. 



Article 15 
Licenses 

Subtitle — Amusement Device Location Permits 

92A-1. Definitions. 

(A) In GENERAL. 

In this subtitle, the following terms have the meanings 
indicated. 

(B) Amusement DEVICE. 

"Amusement device" has the meaning stated in § 1-1 10 

{ "Amusement device" }of the Zoning Code of Baltimore City. 

(c) Commissioner. 

"Commissioner" means the Commissioner of Housing and 
Community Development or the Commissioner's designee. 

(D) Person. 

(1) In general 

"Person" means: 

(I) an individual; 



1438 



1 998- 1 999 Session Ord. 99-547 



(n) A RECEIVER, TRUSTEE, GUARDIAN, PERSONAL 

REPRESENTATIVE, FIDUCIARY, OR REPRESENTATIVE OF ANY 
KIND; OR 

(m) a partnership, firm, association, corporation, or 
other entity of any kind. 

(2) Exclusions. 

"Person" does not include, unless otherwise expressly 
provided, a governmental entity or an instrumentality or 
unit of a governmental entity. 

(E) Zoning Board. 

"Zoning Board" means the Board of Municipal and Zoning 
Appeals of Baltimore City. 

Revisor's Note 

In conjunction with the enactment of a new Zoning Article, 
the location permit provisions for amusement devices have 
been transferred to this article. 

This section is new language added for clarity and 
consistency. 

92A-2. Permit required. 

(A) In GENERAL. 

Except as specified in subsection (b) of this section, any person 
WHO proposes to locate one or more amusement devices in an 
establishment for the use of the general public must first 
obtain an amusement device location permit from the 
Commissioner of Housing and Community Development. 

(b) Exceptions. 

a location permit is not required under this subtitle for: 

( i ) any establishment that is entertainment, leisure, or 
recreation oriented, as listed in or determined by the 



1439 



Ord. 99-547 1 998- 1 999 Session 



Zoning Board under § 6-207, 7-209, or 13-610 of the 
Zoning Code; or 

(2) any amusement arcade or recreation center that is 
operated by the city. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, § 1 1 .0-2hl . 

§ 92A-3. Applications. 

The appucation must be in the form and contain the information 
that the commissioner requires. 

Revisor's Note 

This section is new language added for clarity, conforming 
to the similar provisions governing renewals. 

§ 92A-4. Posting; objections. 

(a) Posting required. 

Before a location permit (other than a renewal permit) may be 
issued, the applicant must post the proposed location for 1 5 

DAYS. 

(B) 9 OR FEWER OBJECTIONS. 

If, WITHIN THE 15-DAY POSTING PERIOD, THE COMMISSIONER RECEIVES 
NO MORE THAN 9 WRITTEN OBJECTIONS FROM PERSONS WITHIN THE SAME 
ELECTION PRECINCT AS THE PROPOSED LOCATION, THE PERMIT MAY BE 
ISSUED. 

(C) 10 OR MORE OBJECTIONS. 

If, WITHIN THE 15-DAY POSTING PERIOD, THE COMMISSIONER RECEIVES 
10 OR MORE WRITTEN OBJECTIONS FROM PERSONS WITHIN THE SAME 
ELECTION PRECINCT AS THE PROPOSED LOCATION, THE COMMISSIONER 
MUST REFER THE MATTER TO THE ZONING BOARD FOR A HEARING. 



1440 



1 998- 1 999 Session Ord. 99-547 



Revisor's Note 

This section is new language derived without substantive 
change from the 1" - 3"^ and the 1^ sentences of Article 30, 
§11.0-2h3. 

§ 92A-5. Hearing on objections; denial. 

(A) Public hearing required. 

( 1 ) On referral by the Commissioner, the Zoning Board must 
hold a public hearing on the proposed location permit. 

(2) Partes in interest and citizens must be given an opportunity 
to be heard at the hearing. 

(b) Denialto be in writing. 

Any denial of a permit must be in writing, with specihc reasons 
given for the denial. 

(c) Reappucation waiting period. 

If the Zoning board denies a permit, then the appucant may not 
reapply for a permit for at least 12 months. 

Revisor's Note 

This section is new language derived without substantive 
change from the 4'*' - 6^^ sentences of Article 30, §1 1 .0-2h3. 

§ 92A-6. TERxM AND RENEWAL OF PERMITS. 

(A) Term. 

Each permit expires annually on June 30 and is renewable as 

PROVIDED IN this SECTION. 

(B) Application for renewal 

( 1 ) To renew a permit, the permit holder must apply NO LESS 
THAN 30 days nor MORE THAN 60 DAYS BEFORE THE PERMIT 

expires. 



1441 



Ord. 99-547 



1998-1999 Session 



(2) The renewal application must be in the form and contain 
the information that the commissioner requires. 

(3) On filing the renewal application and payment of the 
renewal fee, the commissioner must approve the application 
unless 10 or more written objections from persons within 
the same election precinct as the location in question are 
filed with the commissioner no later than 30 days before 
the permit expires. 

(4) If the Commissioner receives 1 or more timely objections 

FROM persons WITHIN THE SAME ELECTION PRECINCT AS THE 
LOCATION IN QUESTION, THE COMMISSIONER MUST REFER THE 
MATTER TO THE ZONING BOARD FOR A HEARING. 

Revisor's Note 

This section is new language derived from Article 30, § 1 1 .0- 
2h2 and 2h5. 

The former reference to objections being filed with the 
Zoning Board is revised to conform to the provisions of 
§92A-4, which requires objections to be filed with the 
Commissioner. 

§92A-7. Fee FOR PERMIT. 

(A) Annual FEE. 

The annual fee for the permit is $15, payable on or before July 1 
of each year. 

(B) Fee NOT REFUNDABLE. 

No REFUNDS MAY BE MADE OF THIS FEE, IN WHOLE OR IN PART. 

Re VISOR'S Note 

This section is new language derived without substantive 
change from Article 30, §1 1.0-2h4. 



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1 998- 1 999 Session Ord. 99-547 

§ 92A-8. Denial or suspension of permit. 

(A) In GENERAL 

On a finding that an applicant or permit holder has committed 
one of the offenses specified in subsection (b) of this section, the 
Zoning Board may: 

( 1 ) deny the permit or permit renewal; or 

(2) suspend the permft for not less than 30 days nor more 
than 90 days. 

(B) Grounds. 

The Zoning Board may take action under subsection (a) of this 
section for any of the following causes: 

( 1 ) failing or refusing to comply with any provision of this 
subtitle or of any rule or regulation adopted under 
this subtitle; 

(2) making any material false statement in any application 
for an initial or renewal permit; 

(3) violating any provision of the fire, health, building, or 
zoning codes of baltimore city or of any other 
ordinance, rule, or regulation ofthe city; 

(4) conviction of an owner, operator, or employee of the 
establishment of any violation of city code article 19, 
§ 95 { "Curfew: Unlawful conduct of owners or 
operators of establishments" } ; 

(5) conviction of an owner, operator, or employee of the 
establishment of any violation of city code article 1 9, 
Subtitle - Loitering. 

(6) permitting the installation, maintenance, or operation 
of amusement devices in any way that impairs the 
safety, health, or general welfare of patrons or of the 
public in the immediate vicinity of the premises; 

1443 



Ord. 99-547 



1998-1999 Session 



(7) LACK OF ACCESSIBILITY FOR FIRE AND POLICE PROTECTION; OR 

(8) LACK OF ACCESSIBILITY OF LIGHT AND AIR. 

( B ) Written decision and order. 

The Zoning Board must issue a written decision and order on 
any application for a permit or renewal application within 5 
days of the hearing on the matter. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §1 1.0-2h6 and 2h7. 

§ 92A-9. Rules and regulations. 

(A) Board to adopt procedural rules. 

( 1 ) The Zoning board may adopt rules and regulations for 
procedural purposes to carry out this subtttue. 

(2) These rules and regulations become effective 7 days after 
they are filed with the department of legislative 
Reference. 

(B) Commissioner to adopt administrative regulations. 

( 1 ) The Commissioner may adopt rules and regulations to 
carry out the administrative provisions of this subtitle. 

(2) These rules and regulations become effective 7 days after 
they are filed with the department of legislative 
Reference. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §1 1.0-2h8 and 2h9. 



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1 998- 1 999 Session Ord. 99-547 



§ 92A-10. Penalties. 

Any person required to obtain a location permit who fails to do so 
is guilty of a misdemeanor and, on conviction, is subject to a fine of 
not more than $ 1 5 for each day of the violation. 

Revisor's Note 

This section is new language derived without substantive 
change from Article 30, §11.0-2hlO. 

Subtitle — Adult - Entertainment Businesse s 

§ 150« DEFINmONS* 

(A) lNGENERj\L 

In THIS SUBTITLE, THE FOLLOWING TERMS HA\^ THE ME.\>JI>JGS 
mDICATED. 

Revisor's Note 

This subs e ction is new language us e d as th e 
standard introduction to a s e ri e s of d e finitions. 

(B) Adult ENTERTAINMENT. 

( 1 ) SupplemenTjM terms defined. 

(I) INGENERjM. 

In THIS SUBSECTION, THE FOLLO\ V T>JG TERMS HAVE THE 
ME;\JvJI>JGS I>JDICATED. 

(n) NUDfTY. 

"Nudity" mea>js: 

^. the showi>jg of the human male or fema le 

geniti\ls, pubic ;\rea, or buttocks with less thj\^j 

A FULLY OPAQUE COVERING; 
Or. — THE SHOWING OF THE FEMALE BREAST WITH LESS THAN 

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Ord. 99-547 



1998-1999 Session 



A FULLY OPAQUE COVERI>iG OVER ANY PART BELOW 
THE TOP OF THE NIPPLE; OR 

^. THE DEPICTION OF COVERED MALE GENrri\LS II>J A 

DISCERNBLY TURGID STATE. 



(Ill) Partial NUDITY. 



"Partial nudity" means a state of dress i> j which opaque 
clothdvjg covers no more th.w: 

4-^ THE HUM;\>J Mi\LE OR FEMi\LE GENITi\LS, PUBIC i\REA, 

OR BUTTOCKS; 



Or. — THE FEMALE BREASTS BELOW THE TOP OF THE NIPPLES; 



^. PORTIONS OF THE BODY COVERED BY SUPPORTD^JG 

STRAPS OR DEVICES. 

(2) "Adult ENTERTAINMENT" DEFINED. 

"Adult entertainment" means entertainment: 

in which i>jdi\^idu;\ls ;\ppear for public view i>j a state 



^ 



OF NUDITY OR P.\RTL\L NUDITY; 



(n) THAT IS I>JTENDED TO PROVIDE SEXUAL STIMUL\TION OR 
SEXUi\L GRATIFICATION; 

(m) THAT IS DISTI>JGUISHED OR CH;\RACTERIZED BY )\N 

EMPHASIS ON MATERL\LTHAT DEPICTS, DESCRIBES, OR 
RELATES TO: 



4-^ HUMAN GENITi\LS IN A DISCERNIBLE STATE OF 

SEXUAL STIMULATION OR AROUS;\L; OR 



2-. ACTS OF HUMAN MASTURBATION, SEXUAL 

I>JTERCOURSE, SODOMY. OR PHYSIC.\L CONTACT 
WITH AN I>;DIVIDU;\L'S clothed or UNCLOTHED 
GENITALS, PUBIC AREA, BUTTOCKS, OR, IF THE 
I>JDIVIDUAL IS FEM;\LE, BREAST; OR 



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1 998- 1 999 Session Ord. 99-547 



(IV) THAT, i\PPLYI>JG CONTEMPOR;\RY STi\>JDARDS, THE 

AVERAGE I>JDI\^IDU^\L WOULD FI>;D, TAKEN AS A WHOLE, 
;\PPEi\LS TO THE PRURIENT INTEREST. 

Revisor's Note 

This subs e ction is now language derivod from 
i\rticlo 30, §13.0 2 3 A 2, as it d e scribos the 
activity in qu e stion. 

In it e m (2)(iii) of this subsection, ref e rence is 
added to "buttocks" to conform to the r e ferenc e s 
in item (l)(ii) and (iii) of this subsection. 

(C) Adult ENTERTAINMENT BUSINESS. 

"Adult entertainment business" ME.\hJS iViVY c.\Bi\RET, lounge, 

NIGHT CLUB, MODELI>JG STUDIO, OR OTHER EST\BLISHMENT W^OSE 
MAJOR BUSI>JESS IS OFFERI> i G ITS CUSTOMERS i\DULT ENTERTAINMENT. 

Revisor's Note 



i\rticl e 30, §13.0 2 3A 2, as it describes th e 
busin e ss in qu e stion. 

(D) Commissioner. 

"commissio>jer" me.\>js the commissioner of housd>jg i\nd 
Community De\^lopment or the Commissio>jer's designee. 

Revisor's Note 

This subsection is new language add e d for br e vity 
and clarity. 

(E) Person. 

(1) INGENERjM. 

"Person" means: 

(I) A><' i>;di\^idual; 



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Ord. 99-547 1 998- 1 999 Session 



(n) A RECEIVER, TRUSTEE, GUARDL\>J, PERSONAL 

REPRESENTATIVE, FIDUCL\RY, OR REPRESENTATIVE OF ANY 
KIND; OR 

(m) a partnership, firm, association, corporation, or 
other entity of /\n y vdnd. 

(2) Exclusions. 

"Person" does not i>jclude, unless otherwise expressly 
provided, a govhernmental entity or an e^jstrunientality or 
unit of a governmenti\l entity. 

Re VISOR ^s Note 

This subs e ction is n e w language d e rived in part 
from Article 30, §13.0 1 6, and r e vised to conform 
to th e broad, standard definition us e d in th e 
Revis e d Cod e s. 

(F) Zoning Board. 

"ZONI>JG BO.\RD" ME;\NS THE BO.\RD OF MUNICIP;\L .\>JD ZONING 
APPEi\LS 0FB;\LTIM0RE City. 



Revisor's Note 

This subsection is now languag e add e d for clarity. 

§ 151. RULES^ REGULATIONS, AND FORISIS* 

(A) Commissioner TO ADOPT. 

The Commissioner may adopt rules, regulations, ;\>jd forms to 
carry out the provisions of this subtitle. 

(B) Advertising for hearing and comment. 

( I ) The Commissio>jer must advertise for public he.\ri>jg and 

COMMENT ALL RULES, REGULATIONS, AND FORMS PROPOSED FOR 
iVDOPTION UNDER THIS SUBTITLE. 



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1 998- 1 999 Session Ord. 99-547 



(2) The i\DVERTISEMENT: 

(I) MUST BE PUBLISHED I>J A ^JEWSPi\PER OF GENERAL 

CIRCULATION AT LEAST 15 DAYS BEFORE THE HE)\RI>JG; ;\^JD 



(n) MUST mCLUDE: 

4-T — A DESCRIPTION OF THE PROPOSED RULES, 
REGULi\TIONS, AND FORMS; 

Or. — THE DAIIE, TIME, AND LOCATION OF THE PUBLIC 
HE;\RI>JG; AND 

^. — THE ADDRESS WHERE A PERSON C^\N OBTAIN A 
COPY OF THE PROPOSED RULES, REGULi\TIONS, 
iWD FORMS BEFORE THE HEARING. 

(c) Adoption; filing. 

( 1 ) After the public heari>jc, the Commissioner may adopt the 
final rules, reguli\tions, i\^jd forms with an effective date 
of at least 1 5 days of the date of their ;\doption. 

(2) a copy of the rules, regul.\tions, and forms and of any 

i\MENDMENTS TO THEM MUST BE FILED WITH THE DEP;\RTMENT OF 

Legisl\tive Reference. 

Revisor's Note 

This section is new language derived from the 5* 
through 7* * * s e nt e nc e s of i\rticl e 30, § 1 1 .0 3f and 
from former §11.0 8b7. 

Subs e ction (b)(2)(ii)3 of this s e ction is substitut e d 
for th e former, unn e c e ssarily r e strictive (and 
pot e ntially exp e nsive) requirem e nt that the 
advertisement its e lf specify th e "languag e 
contained in the propos e d rules and forms". 

In subs e ction (c)(1) of this section th e former 15 
day requirement is changed to apply to the 
" e ffective date .■. after .■. adoption", instead of the 
"adopt[ion dat e ] ... after the public hearing", to 
provide greater administrative fl e xibility without, 

1449 



Ord. 99-547 1 998- 1 999 Session 



how e v e r, advorsoly aff e cting tho rights of 
int e rested parties to advanco notice. 

§ 152. License required^ 

a person may not ow>^ or operate any adult entertai>jment busd>fless 
without a license to do so from the commissioner, as provided in 
this subtitle. 

Revisor's Note 

This s e ction is new language d e rived without 
substantiv e change from Article 30, §11.0 8a. 

§ 153. Applications — in general* 

(A) Owner and opeii\tor to apply jointly. 

The 0\V>^R and operator of the i\DULT ENTERTAI>JMENT BUSINESS 
MUST .\PPLY JOD^JTLY FOR THE LICENSE. 

(B) Form. 

The i\PPLICATION MUST BE IN THE FORM AND CONTAIN THE DEFORMATION 
THAT THE COMMISSIO>JER REQUIRES. 

(c) When MADE. 

An APPLICATION FOR AN ;\DULT ENTERTAI>JMENT BUSI>JESS LICENSE 
MUST BE MADE ON OR BEFORE THE DATE OF .\PPLYING FOR THE 
CONDmON/\L USE APPROV^\L REQUIRED UNDER THE ZONING CODE. THE 
LICENSE MAY NOT BECOME EFFECTIVE UNLESS A CONDmQNi\L USE HAS 
BEEN APPROVED AND i\NY RIGHT OF APPEAL CONTESTING THAT i\PPROVi\L 
HAS BEEN EXHAUSTED. 

Re VISOR' S Note 

This s e ction is now language d e riv e d from all but 
th€-3-"* s e ntence of former i\rticle 30, § 1 1 .0 8b 1 . 
Tbe^'^ se nt e nc e , which d e alt with applications by 
pr ee xisting bu s inesses, is delet e d as obsolete. 



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1 998- 1 999 Session Ord. 99-547 



In subs e ction (b) of this s e ction, th e refer e nc e to 
"information that th e CommissionQr requir e s", 
whil e implicit in the Commissioner's rul e and 
form making pow e rs, is add e d for clarity. 

§ 154 « Application s — responsible party. 

(A) By WHOM MADE. 

The .\pplication of every o\v>jer .wd operator must be m^\de as 

FOLLOWS: 

( 1 ) IF A corporation, BY ITS CHIEF EXECUTIVE OFFICER; 

(2) IF A P.\RT>JERSHIP, BY ITS M;\>JAGI>JG P.\RT>JER; OR 

(3) IF A PROPRIETORSHIP, BY ITS OWNERS. 

(B) Information AND determination. 

All DvJFORMATION required I>J the ;\PPLICATI0N i\BOUT THE APPLICi\>JT 
MUST BE GI\^N WITH RESPECT TO THE I>JDIVIDUi\L MAKI>fG THE 
.\PPLICATION, AND THE DETERMI>JATION OFTI - IE COMMISSIOi^JER MUST BE 
BASED ON THE ELIGIBILITY OF THAT I>JDI\^IDU.\L. 

Revisor's Note 

This section is new language derived from the 1* 
s e nt e nc e of form e r i\rticl e 30, § 1 1 .0 8b2. Th e 
form e r, inconsistent listing of different e ntiti e s is 
corr e ct e d. 

§ 155. Inv^estigation of applicants* 

withdvj 60 days of receipt of the ;\pplication, the commissioner must 
investigate the ch;\racter and qu;\lifications of the applic;\>jts. 

Revisor's Note 

This section is new language derived from the 1* * 
s e nt e nc e of former ;\rticl e 30, § 1 1 .0 8b2. The 
form e r exc e ption, relating to pr e existing 
busin e ss e s, is deleted as obsol e te. 



1451 



Ord. 99-547 



1998-1999 Session 



§ 156. Qualifications* 

(A) INGENERjM. 

An i\DULT ENTERTAmMENT BUSD>JESS LICENSE MAY NOT BE ISSUED TO 
ANY PERSON UNLESS THAT PERSON: 

( 1 ) IS OF ASCERTAINED GOOD MORAL CH;\R ACTER ; 

(2) IS AT LEAST 1 8 YEi\RS OF AGE; .\ND 

(3) HAS NOT HA\^ BEEN CONVICTED OF OR PLE.\DED GUILTY OR 
NOLO CONTENDERE TO A FELONY INVOLVING MORi\L 
TURPITUDE, PROSTITUTION, OBSCENITY, OR OTHER CRIME 
SEXU;\L IN NATURE IN A>JY JURISDICTION WITHIN 3 YEi\RS 
IMMEDIATELY PRECEDI>JG THE DATE OF THE ;\PPLICATION. 

(B) Required considerations. 

In determi>jing mor.\l character, the Commissioner must 
consider: 

( 1 ) all crimin;\l convictions of the ;\pplicant; and 

(2) the business history of the ;\pplic;\nt. 

Revisor's Note 

This s e ction is n e w languag e d e riv e d from foF mep 
;b€-5"^-afl44 ^ sent e nc e s of Artida 30, § 11 .0 8 b2 
and from § 1 1 .0 8b3. In subsection (a)(3) of this 
section, r e feronco to a ploa of "guilty" is added for 
clarity and consist e ncy. 



157. Posting; OB jECTiONSi 

(A) Posting REQUIRED. 

On FILING AN APPLICATION FOR A LICENSE (OTHER TllAN A RE>JEWi\L 
LICENSE), THE APPLICANT MUST POST THE PROPOSED LOCATION FOR 15 
DAYS, IN ACCORDA>JCE WITH THE RULES OF THE ZONI>JG BO.\RD. 



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1 998- 1 999 Session Ord. 99-547 



(b) 9 or fewer objections.. 

If, withi>j the 15 day posti>jg period, the Commissioner receives 
no more thi\n 9 written objections from property ow>jers or 
residents withinj the smie election precinct as the proposed 
location, the i\dult enterti\i>jment busi>jess license may be 

ISSUED. 

(C) 10 OR MORE OBJECTIONS. 

If, WITHIN THE 15 DAY POSTI>JG PERIOD, THE COMMISSIONER RECEI\nES 
10 OR MORE WRITTEN OBJECTIONS FROM PROPERTY OWNERS OR 
RESIDENTS WITHI>J THE SAME ELECTION PRECI>JCT AS THE PROPOSED 
LOCATION, THE COMMISSIO^JER MUST REFER THE MATTER TO THE ZONI>JG 

Board for a HEi\RiNG. 

Revisor's Note 

This section is new language derived from the 1* * 
through 3^ ^ and the 8* sont e nc e s of form e r Article 
30, §11.0 8b6. 

In subs e ction (a) of this s e ction, the former 
e xc e ption, relating to pr ee xisting businossos, is 
d e l e ted as obsolet e . 

In subsections (b) and (c) of this section, "property 
owners or r e sid e nts" is substitut e d for "persons" 
for clarity and to conform to the similar provisions 
in §160 of this subtitl e governing ren e wals. 

§ 158* Hearing on objections* 

On referr;\l by the Commissio>jer, the Zoning Bo.\rd must hold a 
public hei\rd>jg on the proposed license. parties m i>jterest ;\>jd 

citizens must be given A>J 0PP0RTU>JITY to be HEi\RD AT THE HEARING. 

Revisor's Note 

This section is n e w language deriv e d without substantive 
change from the 1* s e ntence of I'Vrticlo 30, § 1 1 .0 8b6. In 
the 2 "^ sentenc e of this section, "citiz e ns" is added for clarity 
and consistency. 



1453 



Ord. 99-547 1 998- 1 999 SESSION 

§ 159. Decision ON APPLICATION. 

(A) Commissioner to decide. 

wlthi>j 60 days of receivi>jg an application for a license, the 
Commissioner must notify the applic.\>jt in writing of whether 
the .\pplication is gr.\>jted or denied. 

(B) Denial. 

Any DENL\L of an adult ENTERTAI>JME>n' BUSINESS LICENSE MUST: 

( 1 ) SPECIFY THE REASONS FOR THE DENIAL; i\ND 

(2) NOTIFY THE i\PPLICi\>JT OF THE OPPORTUNITY TO REQUEST A 
HE.\RmG UNDER § 1 70 OF THIS SUBTITLE. 

Revisor's Note 

This section is new language derived from the 5* 
and 6* sontonc e G of form e r i\rticl e 30, § 11 .0 8 b6 
and from the l' *'-aR44" * sontenc e s of § 1 1.0 8b5. 

Subs e ction (b)(3) of this s e ction is added to 
conform to th e requir e m e nts of § 170 of this 
subtitl e (form e r § 11.0 8 i). 

§ 160. Term and renewiVL of licen s e s * 

(A) Term. 

Each adult entertainment busi>jess license expires )WNUj\lly on 
June 30 /\nd is renewable as provided c>j this section. 

(B) Application FOR RENEWAL 

( 1 ) To renew an adult ENTERTAn^JMENT BUSI>JESS LICENSE, THE 
licensee must apply no less than 30 days nor more TH;\N 60 
DAYS BEFORE THE LICENSE EXPIRES. 

(2) The renewal application must be i>j the form and co>rrAi>j 

THE I>;F0RMAT10N THAT THE COMMISSIONER REQUIRES. 



1454 



1 998- 1 999 Session Ord. 99-547 



(c) Approval 

On filing the renewal application and payment of the RE^JEW;\L 

FEE, THE Commissioner may approve the i\ppLiCATiON, except as 

SPECIFIED IN SUBSECTION (D) OF THIS SECTION. 

(D) Protest AND ME\RiNG. 

( 1 ) If, before the end of the renewal period, 1 or more writte n 
objections from property owners or residents withdvj the 

SAME election PRECINCT AS THE LICENSED PREMISES ARE FILED 

WITH THE Commissioner, the Commissioner must refer the 

MATTER TO THE ZONING BOARD FOR A HEARI>iG. 

(2) P;\RTIES IN INTEREST AND CITIZENS MUST BE GIVEN AN OPPORTUNITY 
TO BE HEi\RD. 

Revisor' s Note 

This s e ction is new languag e deriv e d from foH Bep 
i\rticlo30, §11.0 8b1 and 8f. 

In subs e ction (d) of this section, the provisions 
r e quiring a hearing are added to corr e ct an 
appar e nt ov e rsight. 

§161« Fee FOR LICENSE. 

(A) Annual fee. 

The .\>JNUi\L LICENSE FEE IS $1,000 FOR EACH i\DULT ENTERTAINMENT 
BUSINESS, PAY;\BLE ON OR BEFORE JUNE 30 OF EACH YEAR. 

(B) Initial FEE. 

The LICENSE fee for less than a full INHIAL YEAR IS PRORATED 
MONTHLY. 

Revisor's Note 

This s e ction is n e w languag e d e rived from foH Bef 
i\rticle3Q, §11.0 8o. 



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Ord. 99-547 1 998- 1 999 Session 



In Guboection (b) of this s e ction, the formorly 
sp e cifi e d rat e of $ 8 a month is d e leted as 
unnecessary and, in any e v e nt, rather badly 
comput e d. 

§ 162. Waiting period after denial. 

If A>i .\DULT ENTERTAINMENT BUSINESS LICENSE OR RENnEWi\L LICENSE IS 
DENIED, THE ;\PPLIC.\>JT MAY NOT RE;\PPLY FOR AT LEAST 12 MONTHS 
FROM THE DATE OF THE ZONI^JG BOi\RD'S FJNAL DECISION OR, IF THAT 
DECISION WAS APPEALED, FROM THE DATE OF THE FINAL COURT DECISION. 

Revisor^s Note 

This section is new language derived from the 6* 
sontonco of former i\rticlo 30, § 11.0 8b6. 

It is r e vis e d to ref e r not only to the denial of an 
initial lic e ns e but, as lik e ly was int e nd e d but not 
e xpressly stat e d, to denial of a r e newal licens e as 

§ 163. TlL\NSFER OF LICENSE. 

An ;\DULT ENTERTAINME^^^ BUSI>JESS LICENSE IS NOT TRANSFER;\BLE TO A 
NEW 0\V>JER OR OPERATOR WITHOUT A ^JEW :\PPLICATION TO THE 
COMMISSIONER. AN APPLICATION FOR TR.\>JSFER IS TREATED AS IF IT WERE 
AN APPLICATION FOR RENEWAL. 

Revisor's Note 

This s e ction is n e w language derived from foF mef 
Articl e 30, § 11.0 8 j. 

§ 16 ' 1. Hours of opeilvtion. 

(a) ingenehm. 

Except as specified \n subsection (b) of this section, no ;\dult 
entertai>jment may be conducted bet\ >> ^en the hours of 2 a.m. 

AND NOON. 



456 



1 998- 1 999 Session Ord. 99-547 



(B) Exception. 

If the State CHi\NGES the closd>jg time for holders of alcoholic 

BEVERAGE LICENSEES, THAT CLOSI>JG TIME WILL i\PPLY TO ADULT 
ENTERTAINME^^T BUSI>JESSES. 

Revisor's Note 

This soction is n e w languag e d e riv e d from former 
i\rticlo3Q, §11.0 8 cl. 

165* ENTRi\NCES AND EXTERIORS OF PREMISES* 

(A) Exterior ENTR^\NCE DOORS. 
Exterior entrance doors: 

( 1 ) must be kept closed so that adult e>rrertai>jment 
activities are not visible from the exterior of the 
buildd>jg; and 

(2) may be openjed only to permit entry i\>jd exit. 

(B) Entertainment not to be visible from exterior. 

The conduct of i\DULT ENTERTAI^JME^^^ may not be visible at any 

TIME FROM THE EXTERIOR OF THE PREMISES JN WHICH IT IS CONDUCTED. 

(c) Enclosed vestibule or lobby. 

The PREMISES of each i\DULT E>rrERTAI>JMENT BUSINESS MUST HAVE A 
VESTIBULE OR LOBBY ENCLOSED BY IMMOBILE WALLS AND CONSISTING 
OF .\ PASSAGE, HALL, OR ROOM BETWEEN THE OUTER DOOR FACING THE 
STREET .\^JD THE P.\RT OF THE PREMISES WHERE THE ;\DULT 
ENTERTAI>;MENT IS CONDUCTED. 

Revisor's Note 

This section is now language d e riv e d from form ef 
An\c\e 30, § 1 1 .0 8c2(a), (b), and (d). 

In subsection (c) of this section, th e form e r 
e ff e ctiv e date clause is dolotod as obsoloto. 



1457 



Ord. 99-547 1 998- 1 999 Session 



§ 166. "Barking^% 

Any attempt to urge, invite, or entice people to E>rrER the premises 

OF .\^J ADULT ENTERTAINMENT BUSD>JESS IS PROHIBITED ^\>JY\\^ERE Wrnil>j 
50 FEET OF THE PREMISES. 

Revisor^s Note 

This s e ction is now languago d e rivod from fop mep 
i\rticlo3a §11.0 8c2(c). 

Th e formor, alternativ e r e f e r e nc e to th e " front of 
■■■ th e promises" is deleted as sup e rfluous giv e n 
th e prohibition's applicability in any e v e nt to any 
plac e "within 50 f ee t of tho pr e mis e s". 

§ 167. License to be po s ted. 

The person to whom an i\DULT ENTERTAI>JMENT BUSINESS LICENSE IS 
ISSUED MUST DISPLAY IT JN THE LOBBY, VESTIBULE, OR OTHER PROMI>JENT 
PL.\CE ON THE PREMISES. 

Revisor's Note 

This s e ction is n e w languag e deriv e d from form e r 
Article 30, §11.0 8k. 

§ 168. DENL\L» SUSPENSION^ OR REVOCATION OF LICENSE IN GENERAL* 

The Commissioner may deny, suspend, or revoke an adult 
entertainment business license or renewal license for any of the 
following causes: 

( 1 ) faili>jg to timely apply for the license or re>jew;\l license; 

(2) faili>jg to pay the applic/\ble license fee on or before the 

DUE DATE; 

(3) MAKI>JG ANY MATERLVL FALSE STATEMENT IN ANY APPLICATION FOR 
AN D^JITIAL OR RENEWAL LICENSE; 

(A) LACK OF ACCESSIBILITY FOR FIRE i\ND POLICE PROTECTION; 



458 



1 998- 1 999 Session Ord. 99-547 



(5) FAILI>JG TO COMPLY WITH .\NY PROVISION OF THIS SUBTITLE OR OF 
^\NY RULE OR REGULi\TION i\DOPTED UNDER THIS SUBTITLE; OR 

(6) THE VIOL\TION OF /\>JY PROVISION OF THE FiRE, HE.\LTH, BUILDI>JG, 

OR Z0Ni>JG Codes of Bi\LTiMORE City; or 

(7) THE VI0L\TION OF ANY PROVISION OF /^iY OTHER LOC;\L, STATE, OR 
FEDERAL LAW. 

Revisor's Note 

This s e ction is n e w languag e d e riv e d from Article 
30, §11.0 8g. 

Th e R e view Conimitt ee not e s that this s e ction may 
not fully accomplish its appar e nt intent given the 
limitations impos e d by §169. Sec Revisor's Note 
to §169. 

§ 169» Denial^ suspension^ or revocation of license — certain 
criminal acttvities* 

(A) Scope. 

This section ;\pplies whenever: 

( 1 ) the owt^jer, operator, or mi\>jager of mi i\dult 

entertainment BUSI>JESS is CONVICTED OF OR PLE;\DS GUILTY 
OR NOLO CONTENDERE TO ANY CRIMINi\L ACT ON THE PREMISES 
THAT I>JVOL\^S: 

(I) THE MiWUFACTURE, DISTRIBUTION, POSSESSION, OR 
i\DMI>JISTRATION OF CO^^^ROLLED D.\>JGEROUS 
SUBSTANCES; 

(n) PROSTITUTION, SODOMY, PERVERTED SEXUAL 
PRACTICES, OR A BAWDY HOUSE OR DISORDERLY 
HOUSE; OR 

(ID) OBSCE>JE MATTER OR IMMORAL PRACTICES; OR 

(2) A.NY EMPLOYEE, AGE.NT, INDEPENDENT CONTRACTOR, OR 
VENDOR OF THE i\DULT ENTERTAI>JMENT BUSI>JESS IS 



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Ord. 99-547 1 998- 1 999 Session 



CONVICTED OF OR PLE;\DS GUILTY OR NOLO CONTE>JDERE TO 
ANY CRIMD>J;\L ACT REFERRED TO IN ITEM (l) OF THIS 
SUBSECTION, IF: 

(I) THE OFFENSE OCCURRED ON THE PREMISES OF TI IE 
ADULT ENTERTAINMENT BUSD^JESS; AND 

(n) THE OWT>JER, OPERATOR, OR Mi\NAGER K>JEW OR 
SHOULD HAVE KNOWN i\BOUT THE OFFENSE. 

(B) First OFFENSE. 

For a FIRST conviction or plea, the Commissioner may suspend 

THE i\DULT ENTERTAINMENT BUSINESS LICENSE FOR UP TO 15 DAYS. 

(c) Second offense. 

For a second conviction or plea withi>j 1 2 months of the first, 
THE Commissioner may suspend the license for up to 30 days. 

(D) Third OFFENSE. 

For a third conviction or plea wrram 2 yE)\rs of the first, the 
Commissioner must revoke the license. 

Revisor's Note 

This s e ction is n e w language derivod from i\rticlo 
30, §11.0 8 h. 

In subs e ction (a) of this s e ction, roforonces to 
"nolo" pl e as ar e added for clarity. In subs e ction 
(c) of this s e ction, the form e r referenc e to a 
"s e cond or further" offonso as a non soquitur, 
given the applicability of subs e ction (d) to a third 
offens e . i'Vnd, finally, subsection (d) is revised to 
clarify that th e applicable 2 y e ar period relat e s to 
the first offens e , not the second. 

Having made th e se corr e ctions, how e v e r, th e 
R e vi e w Committee is constrained to note that, in 
many respects, this section is difficult to reconcil e 
with § 16 8 of this subtitle. 



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1 998- 1 999 Session Ord. 99-547 



On tho one hand, this soction purports to s e t out 
sp e cial standards and ponaltios for violations of 
r e lativ e ly s e rious crimes, mor e s e rious, 
pr e sumably, than those listed in §168 of this 
subtitl e . Yet it impos e s a number of qualifications 
(not found in §16 8 ) that hamper its usefulness — 
e .g., r e quiring a criminal "conviction", requiring 
that th e offens e have occurred "on the promises", 
and limiting the punishment for a 1^ offens e 
(how e v e r egregious that particular offense might 
bo) to a 15 day susp e nsion. 

Und e r §168, on th e other hand, especially tho 
broad catchall in item (7) of that s e ction, a lic e ns e 
may b e susp e nd e d, without any sp e cifi e d limit, or 
e ven r e vok e d for virtually any s e rious violation of 

iaw with or without a criminal conviction, 

whether or not on the premises, and e v e n if only a 
4-* * offense. 

In sum, §§168 and 169 are incompatible and in 
nood of substantive correction. 

§ 170. Notice and hearing. 

no .\dult e^^^ertainment busi>ness license or renew;\l license may be 
denied, suspended, or revoked unless the commissioner gives the 

i\PPLICA^r^ OR LICENSEE: 

( 1 ) AT LEAST 1 DAYS ' VVRnTEN NOTICE OF THE JNTE^H TO DENY, 
SUSPEND, OR REVOKE THE LICENSE OR RENEWAL LICENSE; A>JD 

(2) AN OPPORTUNITY TO BE HEARD AS TO WHY THE LICENSE SHOULD NOT 
BE DENIED, SUSPENDED, OR REVOKED. 

Revisor's Note 

This section is new language derived from the 1* * 
s e nt e nc e of form e r i\rticlG 30, § 1 1 .0 8 i. 

In th e introductory^ clause of this section, 
"licensee" is added and, in it e ms (1) and (2), 
ref e r e nces to a proposed suspension arc added, 
both correcting apparent oversights. 



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Ord. 99-547 1 998- 1 999 Session 

§ 171 » Appeal to Board; Judicial remew, 

(a) Appe^\l to Board. 

( 1 ) Any person AGGRIE\^D by a decision of the CQMMISSIO^JER 
UNDER Tins SUBTITLE MAY APPEAL TO THE ZONI>JG BO^\RD I>J 
ACCORDi\>JCE WITH TITLE 17 OF THE ZONDJG CODE AND THE RULES 

OF THE Board. 

(2) The decision of the Commissioner is stayed until the BO;\rd 
conducts its hearing i\nd renders its opd^jion. 

(B) Judicial review. 

Any PERSON aggrieved by a decision of the Zoni>jg Bo.\rd may 

APPEAL THAT DECISION TO THE CIRCUIT COURT FOR B;\LTIMORE ClTY AS 
PROVIDED BY L\W AND THE MARYLAND RULES OF CFS^IL PROCEDURE. 

Revisor's Note 

This s e ction is now language deriv e d from i\rticle 
30, §1 1.0 8b6 and from the 2" ^^^ ^, and 7* 
s e nt e nc e of §11.0 8i. 

§ 172. Admsory Task Force* 

(a) Task Force established. 

There is ;\n Adult ENTERTAI^JME^^^ Busi>jess Advisory Task Force. 
(B) Purpose. 

The purpose of the Advisory Task Force is to: 

( 1 ) monitor the conduct of all adult entertai>jme>rr 
businesses; and 

(2) generally advise the ;\ppropriate admi>jistrative and 

elected officials on matters REL\TED to THE CONDUCT OF 
ADULT ENTERTAINMENT BUSINESSES. 



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1 998- 1 999 Session Ord. 99-547 



(c) Appointment AND composition. 

( 1 ) The Advisory Task Force consists of 9 members who serve 
without compensation. 

(2) The Mayor ;\ppoi>jts the members of the Advisory Task 
Force, as follows: 

(i) 2 members from a list of 1 nominees by the citizens 
PL\^JNING mu Housing Assocl\tion; 

(n) 1 MEMBER FROM A LIST OF 2 NOMINEES BY THE GREATER 

Bi\LTiMORE Committee; 

(ffl) 1 member from a list of 2 nominees by the b;\ltimore 
City Chamber of Commerce; 

(iv) 3 members, 2 of whom must be members of the 

Bi\LTIMORE ENTERTAD>JMENT CENTER, INC., FROM A LIST 
OF 6 NOMINEES BY THE HOLDERS OF i\DULT 
ENTERTAD^JMENT BUS^ESS LICENSES; 

(V) 1 MEMBER FROM A LIST OF 2 NOMINEES BY THE 

Dow^JTOw^J Pi\RTNERSHiP, Inc.; ;\nd 

(vi) 1 member, v > ^0 must be a member of the b;\ltimore 
City Council, nomi>jated by the President of City 
Council. 

(D) Terms. 

( 1 ) The terms of the members ;\re as provided in Article IV, § 6 
OF THE City Charter. 

(2) No person may serve more than 2 coNSECUTi\^ terms on the 
Advisory Task Force. 

(E) Chair. 

The Mayor designates the chair of the Advisory Task Force. 



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Ord. 99-547 1 998- 1 999 SESSION 



Revisor^ s Note 

This s e ction is n e w language d e riv e d from i'Vrticlo 
30. §11.0 81 and 8m. 

In subs e ction (c)(2)(iv) of this s e ction, th e nam e of 
th e r e pr e sontod entity is corr e ct e d to refl e ct r e cent 
chang e s. 

In subsection (d) of this s e ction, th e form e rly 
designated 3 y e ar t e rm is d e l e t e d as inconsist e nt 
with the 1996 Chan e r R e vision. 

§ 173. Penalties. 

(a) ingenehxl 

a>jy person who viol\tes, resists the enforceme>rr of, or fails to 
comply wmi any provision of this subtitle or of any notice, 
order, or rule or regulxtion issued or adopted under this 
subtitle is guilty of a misdemei\nor and, on conviction, is subject 
to a ¥]ne of not more than $500. 

(B) Each day after notice a sepaji\te offense. 

Each bay that a vioL;\tion continues after v ^ tritten notice from 
THE Commissioner constitutes a separate offense. — 

Revisor's Note 

This section is new language derived from the 2"* sent e nce 
and the 1 "* clau s e of the 1 ^ s e nt e nc e of i\rticl e 30, §11.0 7a. 

In subsection (a) of this section, refer e nce is added to the 
Commissioner's rul e s and r e gulations for clarity and 
consistency. Also, the former minimum p e nalty is deleted. 
See Title 1 8 of the Zoning Articl e . 

Article 19 
Police Ordinances 

Subtitle — [One-Family Homes] Single-Family Dwellings 



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1 998- 1 999 Session Ord. 99-547 



§ 89. Sales[; zoning ordinance] DISCLOSURE. 

(A) Prohibited CONDUCT. 

[Every] No person, firm, or corporation [which offers for] may 
ADVERTISE, THROUGH ANY MEDIUM, THE sale OF lease [through any 
advertising medium a habitation which] OF ANY property that, under 
THE Zoning Code of Baltimore City, is [designated as a "one-family 
home," meaning that its use and occupancy are] restricted in its USE and 
occupancy to one family [, under the Zoning Ordinance of Baltimore 
City (Article 30 of the Baltimore City Code), shall] without clearly 
[include] INCLUDING [and state] in the advertisement a statement to that 
effect. 

(B) Penalties. 

[Failure to comply with the provisions] ANY PERSON, HRM, OR 
CORPORATION WHO VIOLATES ANY PROVISION of this section is GUILTY OF 
a misdemeanor [subject upon] AND, ON conviction, IS SUBJECT to a fine 
OF not [exceeding fifty dollars ($50)] MORE THAN $50 for each offense. 

Revisor's Note 

In conjunction with the enactment of a new Zoning Article, 
this §89 was amended to conform references to the new 
article and to clarify, conform, and correct related language. 

Subtitle — Public Nuisances 

§ 234. Powers of the Commissioner with respect to public nuisances. 

(a) In GENERAL. 

(1) After two convictions [pursuant to] UNDER [Section] § 233(a) and 
notice to the premises' owner and opportunity for a hearing, the 
Commissioner [is authorized] may: 

(I) [(1) To] order the discontinuance of the public nuisance in 
the premises where the public nuisance exists; or 

(n) [(2) To] order the closing of the premises to the extent 
necessary to abate the nuisance. 



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Ord. 99-547 1 998- 1 999 Session 



(2) [If] Except as specified in paragraph (3) of this subsection, ef 
the premises consists entirely of residential units or mixed 
residential and other use units, and the public nuisance has occurred 
solely within [a] ONE OR MORE residential [unit or] units, abatement 
authority is restricted to the residential [unit or] units in which the 
public nuisance has occurred, and does not extend to any other unit 
in the premises[, except for]. 

(3) The restrictions of paragraph (2) of this subsection do not 
APPLY TO A public [nuisances] NUISANCE occurring in any: 

(I) [motels] MOTEL[,]; 

(n) [hotels] hotel[,]; [and] OR 

(m) rooming [and boarding houses and] HOUSE OR rooming[ 
units] UNIT, as those [houses and units] terms are defined 
in [Article 30, subsections 13.0-2-72 and 13.0-2-73] THE 
Zoning Code of [the] Baltimore City [Code]. 

Revisor's Note 

In conjunction with the enactment of a new Zoning Article, 
this § 234(a) was amended to conform references to the new 
article and to clarify, conform, and correct related language. 

Article 32 
Building Code 

Chapter 1 — Administration 

Section 112.0 Fees 

112.6 Fee schedules 

112.6.1 Permit fees for construction work: 

j. Installing on-premises advertising signs: 

For erecting, placing, hanging, or reconstructing any 
consolidated area of signage, as described in [Article 
30. $l0.0-3b81 $ 1 1-422 of the [Baltimore City] 



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1 998- 1 999 Session Ord. 99-547 



Zoning Code, the fee is $1 a square foot, with a 
minimum of $13 for each consoHdated area of 
signage. 

The rates in items i and i are based on the gross square feet 
area of the sign face or faces. No fee is charged for signs 
less than 100 square feet (9.29 sq. m.) and used 
exclusively for advertising the sale or lease of the property 
on which they are posted. 

For repairing, painting, and rehanging any sign in the same place, 
the fee is $20 for each sign. 

Revisor's Note 

In conjunction with the enactment of a new Zoning Article, 
this §1 12.6.1 j was amended to conform references to the 
new article. 



Chapter 2 — Dennitions 

Section 202.0 General Defmitions 

202. 2 Supplemental defmitions 

202.2.38 Zoning Code: "Zoning Code" means [Article 30 ("Zoning")] 
THE Zoning Code of [the] Baltimore City [Code], including the 
accompanying Zoning District Maps. 

Revisor's Note 

In conjunction with the enactment of a new Zoning Article, 
this §202.2.38 was amended to conform references to the 
new article. 

Section 4. And be it further ordaeved, That the Revisor's Notes and 
the captions or headings contained in this Ordinance are not law and are not to be 
taken as having been enacted as a part of this Ordinance. 

Section 5. And be it further ordained, That nothing in this Ordinance 
affects the term of office of an appointed or elected member of any board, 
commission, office, department, or other unit. An individual who is a member of 

1467 



Ord. 99-547 1 998- 1 999 SESSION 



a unit on the effective date of this Ordinance remains a member for the balance 
of the term to which appointed or elected, unless that member sooner dies, 
resigns, or is removed under provisions of law. 

Section 6. And be it further ordained, That, except as expressly 
provided to the contrary in this Ordinance, any transaction or employment status 
affected by or flowing from any change of nomenclature or any statute amended, 
repealed, or transferred by this Ordinance and validly entered into or existing 
before the effective date of this Ordinance and every right, duty, or interest 
flowing from the statute, remains valid after the effective date of this Ordinance 
and may be terminated, completed, consummated, or enforced as required or 
allowed by any statute amended, repealed, or transferred by this Ordinance as 
though the repeal, amendment, or transfer had not occurred. If the change in 
nomenclature involves a change in name or designation of any City unit, the 
successor unit in all respects has the powers and obligations granted the former 
unit. 

Section 7. And be it further ordained, That the continuity of every 
board, commission, office, department, agency, or other unit is retained. The 
personnel, records, files, furniture, fixtures, and other property and all 
appropriations, credits, assets, liabilities, and obligations of each retained unit are 
continued as the personnel, records, files, furniture, fixtures, property, 
appropriations, credits, assets, liabilities, and obligations of the unit under the 
laws enacted by this Ordinance. 

Section 8. And be it further ordained, That, except as expressly 
provided to the contrary in this Ordinance, any person licensed, registered, 
certified, or issued a permit or certificate by any board, commission, office, 
department, agency, or other unit established or continued by any statute 
amended, repealed, or transferred by this Ordinance is considered for all 
purposes to be licensed, registered, certified, or issued a permit or certificate by 
the appropriate unit continued under this Ordinance for the duration of the term 
for which the license, registration, certification, or permit was issued, and may 
renew that authorization in accordance with the appropriate renewal provisions of 
this Ordinance. 

Section 9. And be it further ordained, That this Ordinance takes 
effect on the 90 **" day after the date it is enact e d Mav f 2000 . 

Approved December 3, 1999 

Kurt L. Schmoke, Mayor 



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3 m3D DSODbbb? 1 




Wert 
Bookbinding 

Grantville. PA 
JULY-DEC 2001